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Trusts and Estates

Ca. Trs. & Estates Quarterly 2018, Volume 24, Issue 3

THE INTERSECTION OF DEATH AND DIVORCE: WHERE PROBATE AND FAMILY LAW COLLIDE

By Lisa B. Roper, Esq.*

I. INTRODUCTION

This article identifies areas of probate and family law intersection to assist practitioners in knowing relevant statutes and case law applicable to resolving a decedent’s property rights before the family or probate courts. This article is primarily written for a probate practitioner or litigator, representing the personal representative of a decedent’s estate, the surviving spouse, or the decedent’s heirs or beneficiaries.

Part I of this article discusses several potential sources of litigation when a spouse dies before the filing of dissolution, including the validity of waivers of rights to inherit from a spouse’s estates and breach of fiduciary duty claims between spouses.

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