Topic
Elective Share Trust
48 published works
PropertyProf Blog
Turnipseed on Elective Share Statutes
By propertyprof
Terry L. Turnipseed (Syracuse University College of Law) has posted Why Shouldn't I be Allowed to Leave my Property to Whomever I Choose at my Death? (Or How I Learned…
Wills, Trusts & Estates Prof Blog
Revocable trust is subject to right of election
Under the former Iowa law, a surviving spouse was entitled to an elective share comprising one-thirdof legal or equitable estate in real property “possessed by the decedent at anytime during…
Florida Probate & Trust Litigation Blog
Good Facts Rescue “Ambiguous” (Maybe Non-Existent?) Elective Share Waiver in Prenuptial Agreement
Weisfeld-Ladd v. Estate of Ladd, 2006 WL 231481 (Fla. 3d DCA Feb 01, 2006) Clearly, the couple at the center of this dispute thought that when they signed their prenuptial…
Wills, Trusts & Estates Prof Blog
Rev. Proc. 2005-24 and the UPC Elective Share
Lewis M. Simes Professor of Law Lawrence W. Waggoner of the University of Michigan Law School has recently authored a timely article entitled Rev. Proc. 2005-24 and the UPC Elective…
Florida Probate & Trust Litigation Blog
Order Determining Entitlement to the Elective Share Is Not Appealable
Dempsey v. Dempsey, 2005 WL 954856 (Fla. 2 DCA April 27, 2005) (Appeal Dismissed) Under Florida Probate Rule 5.360, determining the elective share is a two step process. First, the…
Florida Probate & Trust Litigation Blog
Florida’s Expanded Elective Share Rights Limited to Persons Dying after October 1, 2001
Estate of Heid v. Heid, 863 So.2d 1259 (Fla. 5th DCA Jan. 9, 2004) (TRIAL COURT AFFIRMED) Edward J. Heid died on December 18, 1999. Mr. Heid's surviving wife, Blanche…
Florida Probate & Trust Litigation Blog
When in Doubt, Err on the Side of Noticing All Interested Parties
Velde v. Velde, 867 So.2d 501 (Fla. 4th DCA February 25, 2004) (TRIAL COURT AFFIRMED) At issue in this case was whether simply filing a petition for extension of time…
Florida Probate & Trust Litigation Blog
What If Surviving Spouse Wants More?
In those cases where a client wants to provide for a spouse that is not the parent of the client’s children (at the very least to avoid an elective-share claim),…