The Elective Share has no Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust

Author:Angela M. Vallario
Position:Angela M. Vallario is an Associate Professor at the University of Baltimore School of Law; B.S. (University of Florida); J.D. (University of Baltimore School of Law); LL.M (Georgetown Law Center). I am grateful to Austin Cohen, Alison Graham, Brittney Grizzanti, and Kiernan Waters.

A traditional elective share is inadequate to protect a spouse from disinheritance by a revocable trust and the inequalities of the traditional elective share and common law modifications mandate reform with revocable trusts. This Article identifies the great unfairness with the legislation in seven current holdout jurisdictions and reccomendes that these holdouts promptly revive elective share... (see full summary)

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