An attempted election against a will, made more than six months after probate, is properly dismissed on summary judgment because the claimant must have known whether she and the decedent agreed to be married and so the six month limitation … Continue reading
Tag Archives: Spousal Election
A Vanguard account payable to a named beneficiary at the death of the account owner is subject to the surviving spouse’s elective share under 20 Pa.C.S. § 2203. In re Estate of Rood, 5 Fid.Rep.3d 15, 107 Berks Co.L.J. 71 … Continue reading
Court found that spouse, who had elected against decedent’s estate, had not willfully and maliciously deserted decedent, because the spouse had been abused by decedent, meaning the spouse’s desertion was with cause, and she had not forfeited her right to … Continue reading
Issues were whether wife of decedent could elect against the will despite signing a waiver induced by fraud and whether filing petition to elect after statutory period because of fraud was justified; the Court did not find clear and convincing … Continue reading
When a married settlor creates a charitable remainder trust with himself or herself as a non-charitable beneficiary, the settlor’s spouse may have elective rights under Pennsylvania law upon the death of the settlor that will disqualify the trust as a charitable remainder trust unless the settlor complies with Rev. Proc. 2005-24.
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