ERISA Does Not Preempt Enforcement of Contractual Waiver of Pension; Stale Affidavit Did Not Establish Grounds for Divorce

The execution of a post-nuptial agreement as part of the divorce proceedings was an effective waiver of the right of the surviving spouse to a joint-and-survivor pension annuity, and that waiver can be enforced against the surviving spouse despite failure … Continue reading

Rights of Creditors in Non-Estate Assets

The property that is owned by a decedent at death is administered by the executor or administrator of the decedent’s estate and is always subject to the claims of the decedent’s creditors. The Probate, Estates and Fiduciaries Code (“PEF Code”),...

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