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
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