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Beneficiary Designation
Beneficiary Designation Cartoons

Beneficiary Designation

Change beneficiary designations; Lincoln Life and Annuity Company of New York v. Caswell; life insurance benficiary designation controls over will.
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Related Cartoons

Scheffel v. Krueger
Scheffel v. Krueger
Statute authorizing spendthrift trusts creates absolute prohibition against attaching assets in those trusts. Attachment; spendthrift fund.
Tortious Interference With An Expectancy
Tortious Interference With An Expectancy
Schilling v. Herrera; To bring action for tortious interference with expectancy, plaintiff must show the existence of an expectancy, intentional interference with expectancy through tortious conduct, causation, and damages; durable power attorney.
Anti-Lapse Statute Is Presumed To Apply
Anti-Lapse Statute Is Presumed To Apply
Ruotolo v. Tietjen; If a testator wishes to avoid the application of the anti-lapse statute, he or she must either unequivocally express that intent, or provide for an alternate bequest.
Joint Bank Accounts Are Presumed A Gift
Joint Bank Accounts Are Presumed A Gift
Varela v. Bernachea; When a joint bank account is established with the funds of one person, a gift of the funds is presumed; donative intent.
Prenuptual Agreement Validity
Prenuptual Agreement Validity
Reece v. Elliott; An antenuptial agreement is valid if a fair disclosure is made of a spouse's assets and the other spouse had the opportunity to ask questions and learn the extent of the other's holdings, even if he or she did not do so.
Fiduciary Liability
Fiduciary Liability
Trustee liability; administrator liability; executor liability; beneficiary lawsuit.
Professional Trustee
Professional Trustee
McGinley v. Bank of America, N.A.; trustee fiduciary duties may be modified by the trustor.
Draft Will
Draft Will
Morse v. Sharkey; plain language; a court will give effect to the intent of the drafter of a will as indicated in the plain language of the will itself.
Spendthrift Trust
Spendthrift Trust
Estate of Gist; Medicaid payments owed to state after death of beneficiary of spendthrift trust
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.
Trustee Self Dealing
Trustee Self Dealing
In re Gleeson's Will; a trustee cannot deal with trust property in his individual capacity. Absolute bar. No exception for good faith or fair dealing.
Contingent Beneficiary of Revocable Trust
Contingent Beneficiary of Revocable Trust
Moon v. Lesikar; A contingent beneficiary of a revocable trust does not have standing to contest the settlor's disposition of trust assets.

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