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Assets Payable Upon Death
Assets Payable Upon Death Cartoons

Assets Payable Upon Death

In re Estate of Myers; the assets available to satisfy a surviving spouse's elective share of the decedent spouse's estate do not include assets that are payable on death to others
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LaCroix v. Senecal
LaCroix v. Senecal
Doctrine of dependent relative revocation sustains revoked gift if testator cancels or destroys will with present intention of making new one immediately but new will is not made or, if made, fails of effect for any reason. Residuary clause; revocation.
Smithers v. St. Luke Roosevelt Hospital Center
Smithers v. St. Luke Roosevelt Hospital Center
If trustees of charity commit breach of trust, donor or his heirs have standing to enforce conditions placed on use of charitable donations. Charitable bequest.
Tortious Interference With Expected Inheritance
Tortious Interference With Expected Inheritance
Peralta v. Peralta, not all estate related claims must be brought in probate court.
Eccentricity Is Not Testamentary Incapacity
Eccentricity Is Not Testamentary Incapacity
Wilson v. Lane; Testamentary capacity; eccentricity or strange beliefs do not mean that a person is incapable of making a will, provided the person can form a rational desire regarding the disposition of his or her property; incapacity.
Witness Disqualification From a Will
Witness Disqualification From a Will
Estate of Morea; The requirement that a witness have nothing to gain by admission of the will to probate is met if the witness receives less from the will than he or she would receive if the will were not admitted to probate.
Inter Vivos Trusts May Not Be Challenged
Inter Vivos Trusts May Not Be Challenged
Linthicum v. Rudi; Beneficiaries of a revocable living trust have no standing to challenge amendments to the trust, but may challenge the settlor's capacity through the guardianship statutes; inter vivos trust.
Control from the Grave
Control from the Grave
Estate of Feinberg; control from the grave trust; deceased controlling using trust document. A testamentary disposition that does not discourage marriage or encourage divorce is not void as against public policy.
Divorce Effect On Trust
Divorce Effect On Trust
Clymer v. Mayo; In the absence of an expressed contrary intent, a divorce will revoke the provisions of a living trust that benefit a spouse.
Extrinsic Evidence of Testator Intent
Extrinsic Evidence of Testator Intent
In re Estate of Cole; When construing contradictory provisions of a will, a court may consider direct evidence of a testator's intentions.
Intent To Revoke Will
Intent To Revoke Will
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Extrinsic Evidence Admissable
Extrinsic Evidence Admissable
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Trustee Self Dealing
Trustee Self Dealing
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