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Stalley, [3] a Michigan lawyer relied on the official text of the Uniform Probate Code and failed to check the statute as it had been adopted in Florida. As a result, the lawyer missed a filing deadline on a $3,760,909.49 claim.
In 1993, recognizing the need for a more uniform approach, the Uniform Law Commission (ULC) appointed a study committee chaired by Justice Maurice A. Hartnett III of the Delaware Supreme Court. This committee's task was to assess the necessity and feasibility of developing a comprehensive and standardized model uniform trust code.
However, as states began enacting varying statutes to create a statutory framework for the durable powers of attorney, variations from state to state prompted support for a uniform law. [ 2 ] In 1969, the ULC promulgated the Uniform Probate Code , which created a basis for a national framework for powers of attorney.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
The United States is a notable exception, operating under the American rule, whereby each party is generally liable only for costs (e.g., filing fees, motion fees, fees for service of process, etc.) but not the other side's attorney's fees unless a specific statute or rule of court provides otherwise. [28]
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