
Review of Reviews: “The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust,” ___ Capital University L.R. ___ (2017)Review of Reviews: “The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust,” ___ Capital University L.R. ___ (2017)
Angela M. Vallario, law professor, University of Baltimore School of Law in Baltimore.

Professor Angela M. Vallario’s article, “The Elective Share Has No Friends: Creditors Trump Spouse in the Battle Over the Revocable Trust,” discusses how revocable trusts are generally subject to a decedent’s creditors, but often aren’t included in the pot for purposes of a surviving spouse’s elective share. The author points out that, because of a decedent’s complete control over the assets of a revocable trust, revocable trusts are available to a decedent’s creditors in every state or almost every state, and are included in the pot for equitable distribution to the same extent as assets owned individually.
However, when it comes to the elective share, some states limit the elective share pot to probate assets or determine the inclusion...
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