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Start Over Author "Vallario, Angela M." Topic debtor & creditor
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1. THE ELECTIVE SHARE HAS NO FRIENDS: CREDITORS TRUMP SPOUSE IN THE BATTLE OVER THE REVOCABLE TRUST.

Author

VALLARIO, ANGELA M.

Subjects
REVOCABLE trusts, SPOUSE'S share, DEBTOR & creditor, DECEDENTS' estates, DISINHERITANCE, ESTATE planning, UNIFORM state laws, PROBATE law, U.S. states, LAW
Abstract

The article discusses the legal aspects of revocable trusts and creditors in America in relation to the claim that surviving spouses in common law jurisdictions have the right to receive an elective share of a decedent's estate regardless of the wishes outlined in a decedent's estate plan. Testamentary freedom and disinheritance law are examined, along with a Uniform Probate Code and an effort to include non-probate assets in a spouse's elective share calculation.

Published
2017

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