Topic
Elective Share Trust
48 published works
Law Firm Carolinas Blog
What Are the Elective Share and the Life Estate in Lieu?
North Carolina law gives surviving spouses certain statutory rights that can override, or substitute for, what a deceased spouse’s Will provides or what would otherwise occur under the Intestate Succession…
Center for Agricultural Law and Taxation Blog
Planning Around the Elective Share: The Lessons of Ibeling
In late August 2019, twelve warranty deeds conveying Arizona real estate to a Panamanian entity called the Harris 6 Foundation were recorded on a single day. Three days later, the…
Leaving A Loving Legacy
Your Right to an Elective Share: A Guide for Disinherited Spouses in New York
By Rochelle
In New York State, if a surviving spouse is “disinherited” (i.e., not provided for in a decedent’s will), they have the option to claim an elective share of the decedent’s estate. This…
NJ Family Legal Blog
The Black Hole is Closed – New Law Permits Equitable Distribution When Party Dies While a Divorce is Pending
What happens when a party dies in the middle of divorce? Under the law, the divorce action abates and the matter is over. In many cases, that is to the…
New York Trusts & Estates Litigation
THE CHALLENGE OF FINDING ADMISSIBLE EVIDENCE IN ABANDONMENT PROCEEDINGS
By Bret Cahn
Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment. Bret Cahn…
Florida Probate & Trust Litigation Blog
Do you need a court order to file a late elective-share claim?
A surviving spouse's right to an "elective share" reflects Florida's strong public policy favoring the protection of surviving spouses. On the other hand, the fact that elective-share claims are subject…
Family Law Prof Blog
Maldonado Reviews Cahn
By Family Law
Professor Maldonado reviews Professor Naomi Cahn's What’s Wrong About the Elective Share “Right”?, 53 U.C. Davis L. Rev. 2087 (2020):Solangel MaldonadoI have long been perplexed by the inconsistency between the rights of…
Wills, Trusts & Estates Prof Blog
Review of Naomi Cahn’s What’s Wrong About the Elective Share “Right”? Article Released
Solangel Maldonado's review of Naomi Cahn's What’s Wrong About the Elective Share “Right”? article was recently released on Jotwell. Here is the introduction to the review: I have long been…
Wills, Trusts & Estates Prof Blog
Review of Naomi Cahn’s What’s Wrong About the Elective Share “Right”? Article Released
Solangel Maldonado's review of Naomi Cahn's What’s Wrong About the Elective Share “Right”? article was recently released on Jotwell. Here is the introduction to the review:I have long been perplexed…
Wills, Trusts & Estates Prof Blog
The 2020 Election in Maryland: It’s Not About Politics
During Autumn of 2020, Maryland's new elective share law will take effect. "No longer limited to a fractional share of the net probate estate, a surviving spouse who decides to…