T&E question!!! exam tomorrow 9 am, help please! Forum

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goosey

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T&E question!!! exam tomorrow 9 am, help please!

Post by goosey » Wed Dec 14, 2011 6:35 pm

is an irrevocable trust part of the augmented estate under the elective share?

I was under the impression that only revocable trusts were?
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KMasterFunk

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Re: T&E question!!! exam tomorrow 9 am, help please!

Post by KMasterFunk » Wed Dec 14, 2011 7:06 pm

You're right. An irrevocable trust is not part of the elective share under the UTC. Remember that the UTC reverses the common law presumption that a trust is irrevocable, so if the question doesn't specify you should analyze under both.
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goosey

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Re: T&E question!!! exam tomorrow 9 am, help please!

Post by goosey » Wed Dec 14, 2011 7:21 pm

KMasterFunk wrote:You're right. An irrevocable trust is not part of the elective share under the UTC. Remember that the UTC reverses the common law presumption that a trust is irrevocable, so if the question doesn't specify you should analyze under both.

awesome, thanks
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