Topic
Elective Share Trust
48 published works
Wills, Trusts & Estates Prof Blog
Article on What’s Wrong About the Elective Share “Right”?
Naomi Cahn recently published an Article entitled, What's Wrong About the Elective Share "Right"?, Wills, Trusts, & Estates Law eJournal (2020). Provided below is the abstract to the Article. This Article…
Wills, Trusts & Estates Prof Blog
Article on What’s Wrong About the Elective Share “Right”?
Naomi Cahn recently published an article entitled, What’s Wrong About the Elective Share “Right”?, U.C. Davis L. Rev (forthcoming 2020). Provided below is the abstract to the Article. This Article examines…
Archer Estate & Trust Litigation Law
Elective Share is Needs Based and Presumption that Joint Account Passes to Survivor is Rebuttable
By callen
In re Estate of Giordano, No. P-085-18 (Ch. Div. June 10, 2019). The court highlighted two propositions: (1) New Jersey’s elective share statute is needs based and can be awarded…
Wills, Trusts & Estates Prof Blog
Wrongdoer Deprived of Elective Share [New York]
The elective share statute of New York is intended to provide a decedent’s surviving spouse with a minimum amount of the deceased spouse's estate. There are certain, enumerated actions within…
New York Trusts & Estates Litigation
Wrongdoer Deprived of Elective Share
Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. While a surviving spouse may be disqualified from…
Wills, Trusts & Estates Prof Blog
Article on The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust
Angela M. Vallario recently published an Article entitled, The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust, Wills, Trusts, & Estate Law eJournal…
Wills, Trusts & Estates Prof Blog
Article on Note. Michigan’s elective share: an EPIC failure
LeighAnna C. Cunningham recently published an Article entitled, Note. Michigan’s elective share: an EPIC failure, 94 U. Det. Mercy L. Rev. 273 (2017). Provided below is an abstract of the…
Preservation | Family Wealth Protection and Planning
Can my spouse’s estate plan cut me out? Understanding the elective share
Many people may think they have the option to leave their spouse nothing when they die, but almost every state has what is commonly called an “elective share” statute. These…
Wills, Trusts & Estates Prof Blog
Article on How the Revocable Trust Makes the Elective Share Obsolete
Angela M. Vallario recently published an Article entitled, The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust, Capital U. L. Rev. (forthcoming). Provided…
Wills, Trusts & Estates Prof Blog
Article on Arkansas’s Approach to the Elective Share
Maria Korzendorfer recently published a Case Note entitled, In re Estate of Thompson: The Shortcomings of the Arkansas Elective Share Statute, 68 Ark. L. Rev. 1089 (2016). Provided below is…