"The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust," _Capital University L.R. _(2017)

[...]when it comes to the elective share, some states limit the elective share pot to probate assets or determine the inclusion of revocable trusts in the elective share pot on a case-by-case basis. Prof. Vallario blames the legal profession and bankers for failing to persuade the remaining state le...

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Bibliographic Details
Published inTrusts & Estates p. 44
Main Author Vallario, Angela M
Format Trade Publication Article
LanguageEnglish
Published New York Informa 01.05.2017
Subjects
Attorneys
Creditors
Medicaid
Probate
Revocable trusts
State court decisions
United States > US
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Summary:[...]when it comes to the elective share, some states limit the elective share pot to probate assets or determine the inclusion of revocable trusts in the elective share pot on a case-by-case basis. Prof. Vallario blames the legal profession and bankers for failing to persuade the remaining state legislatures to fix their elective share statutes to cover revocable trusts. [...]the article serves as a reminder that it may be possible to persuade a court to...
ISSN:0041-3682