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

I was under the impression that only revocable trusts were?

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.

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