Topic
Elective Share Trust
48 published works
Florida Probate & Trust Litigation Blog
Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?
Gus Boulis was a spectacularly successful self-made millionaire with a sixth grade education whose life story was as colorful as it was improbable. And it all came to an end…
Wills, Trusts & Estates Prof Blog
Florida Cases Clarify Interest Payments On Surviving Spouse’s Elective Share
In some states, a surviving spouse may take an elective share from the estate of their spouse in lieu of what was left to them in the will. In Florida,…
New Jersey Law Blog
The Elective Share of Surviving Spouse
Under New Jersey Law, a surviving spouse or domestic partner may be entitled to an elective share of their spouse’s or partner’s Estate, pursuant to N.J.S.A. 3B:8-1, in lieu of…
Wills, Trusts & Estates Prof Blog
Article On Statutory Elective Shares
Martin D. Begleiter (Drake University - Law School) recently published an article entitled, Grim Fairy Tales: Studies of Wicked Stepmothers, Poisoned Apples and the Elective Share, 78 Alb. L. Rev. 521-551…
Wills, Trusts & Estates Prof Blog
Statute Limits But Does Not Supersede The Equitable Power Of The Court To Adjust Elective Share
After protracted litigation over the surviving spouse’s elective share, the trial court fixed the amount of the elective share and made an additional equitable award to the surviving spouse based…
Pennsylvania Family Law
DIVORCE GROUNDS RENDERED A MOVING TARGET FOR ESTATE PLANNERS
[caption id="attachment_1119" align="alignleft" width="300"] [/caption] The below written update has been provided by JACQUELINE MOTYL, ESQUIRE from our Taxation and Wealth Planning Group. Under amendments to the Divorce Code effective…
New York Trusts & Estates Litigation
No Sex, No Elective Share?
Constructive abandonment is a rarely litigated basis for denying a surviving spouse his or her elective share, as it is very difficult to prove. In our latest entry, Eric Penzer…
Family Law Prof Blog
Hope: “Til Death or Divorce Do Us Depart: The Case for Aligning the Elective Share with Alimony Reform”
By Family Law
Rebekah Gleason Hope has posted "Til Death or Divorce Do Us Depart: The Case for Aligning the Elective Share with Alimony Reform" on SSRN. Here is the abstract:The Uniform Probate Code…
New York Trusts & Estates Litigation
A View from the Appellate Bench
This week, Ilene S. Cooper provides a summary of recent decisions emanating from the appellate courts, which address a range of topics pertinent to the estate practitioner.
Florida Probate & Trust Litigation Blog
Can you time an elective share claim to gain an advantage in bankruptcy?
In re Miller, --- B.R. ----, 2010 WL 5184798 (Bkrtcy.S.D.Fla.2010) Assume Husband "A" and "B" are both recent widowers. Husband "A" inherited $100,000 from his wife. Husband "B" was completely…