Topic
Elective Share Trust
48 published works
Family Law Prof Blog
Waggoner: “The Uniform Probate Code’s Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments)”
By Family Law
Lawrence Waggoner (University of Michigan Law School) has posted "The Uniform Probate Code’s Elective Share: Time for a Reassessment (With an Addendum Reporting on Post-Publication Amendments)" on SSRN. Here is…
New York Trusts & Estates Litigation
Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share
The Second Department has recently issued two decisions that expand the parameters of disqualification from entitlement to the spousal right of election. In Matter of Berk and Campbell v. Thomas,…
New York Trusts & Estates Litigation
Potential Court Approval of Religious Divorce Is Irrelevant to Right of Election
A recent decision emanating from the Kings County Surrogate’s Court provides another interesting application of the rules on entitlement to an elective share. In Matter of Atiram, 2009 NY Slip Op…
New York Trusts & Estates Litigation
Posthumously Voided Marriage Negates Right of Election
This week, Jaclene D'Agostino discusses a recent decision on an application to determine the validity of an elective share, when the marriage had been declared void by an Article 81…
New York Trusts & Estates Litigation
Right of Election Granted Despite Evidence of a Voidable Marriage
Should a surviving spouse remain entitled to an elective share even if the marriage was procured by fraud or undue influence exercised upon the decedent, or if the decedent was…
Family Law Prof Blog
Case Law Development: Virginia Court Distinguishes Abandonment in Divorce and Elective Share Analysis
By Family Law
The Virginia Supreme Court found that the trial court did not err in ruling that an estranged husband was not eligible for an elective share of the spouse's augmented estate.…
Wills, Trusts & Estates Prof Blog
Spousal Elective Share in Alabama
Kevin R. Garrison (Alabama Law Review Senior Articles Editor, University of Alabama School of Law) has recently published his comment entitled The Ins and Outs of the Alabama Elective Share,…
Wills, Trusts & Estates Prof Blog
Spousal Disinheritance Made Easy by a Rhode Island Court Decision
Kenneth Rampino (J.D. Candidate May 2008, Roger Williams University School of Law) has recently published his comment entitled Spousal Disinheritance in Rhode Island: Barrett v. Barrett and the (De)evolution of…
Wills, Trusts & Estates Prof Blog
Estate of Robert Brooks (owner of Hooters)
Robert Brooks, the owner of the Hooters restraurant chain, died on July 15, 2006 of a heart attack. He is survived by his wife Tami, two blood children (Coby &…
Florida Probate & Trust Litigation Blog
Court says NO to appeal of spousal-elective-share order
Trenchard v. Gray, --- So.2d ----, 2007 WL 837294 (Fla. 2d DCA Mar 21, 2007) In Dempsey v. Dempsey (a 2005 opinion I wrote about here) the 2d DCA ruled on when…