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The Uniform Probate Code (UPC) §§ 2-517 and 3‑905 allow for no contest clauses so long as the person challenging the will does not have probable cause to do so. [2] The full wording is: A provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is ...
Grant or denial of petition for writ of mandate or prohibition by the appellate division of a superior court [28] Grant or denial of petition for writ of mandate to compel agency to disclose public records [29] Denial of petition for writ of mandate to compel board to reverse revocation, suspension or restriction of a medical license [30]
Letters of Administration are granted by a surrogate court or probate registry to appoint appropriate people to deal with a deceased person's estate where property will pass under intestacy rules or where there are no executors living (and willing and able to act) having been validly appointed under the deceased's will.
According to a Boston-area estate planning attorney quoted in Consumer Reports (March, 2012), "A typical will contest will cost $10,000 to $50,000, and that's a conservative estimate". [1] Costs can increase even more if a will contest actually goes to trial, and the overall value of an estate can determine if a will contest is worth the expense.
After the testator has died, an application for probate may be made in a court with probate jurisdiction to determine the validity of the will or wills that the testator may have created, i.e., which will satisfy the legal requirements, and to appoint an executor. In most cases, during probate, at least one witness is called upon to testify or ...
In some jurisdictions, a petition for review is a formal request for an appellate tribunal to review the decision of a lower court or administrative body. [1] If a jurisdiction utilizes petitions for review, then parties seeking appellate review of their case may submit a formal petition for review to an appropriate court. [ 2 ]
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