Eric Penzer recently discussed a case where constructive abandonment was asserted to disqualify a surviving spouse from an elective share. In our latest entry, Eric addresses a decision regarding actual abandonment as the basis for disqualification, and the hurdles that parties involved with such a claim may face.
Continue Reading Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegations
constructive abandonment
No Sex, No Elective Share?
By Eric W. Penzer on
Posted in Right of Election
Constructive abandonment is a rarely litigated basis for denying a surviving spouse his or her elective share, as it is very difficult to prove. In our latest entry, Eric Penzer discusses a recent case addressing the issue.
Continue Reading No Sex, No Elective Share?