Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Saturday, May 15, 2021

Review of Naomi Cahn's What’s Wrong About the Elective Share “Right”? Article Released

Solangel Maldonado's review of Naomi Cahn's What’s Wrong About the Elective Share “Right”? article was recently released on Jotwell. Here is the introduction to the review:

I have long been perplexed by the inconsistency between the rights of divorcing spouses which are governed by family law rules and the rights of surviving spouses which are governed by trusts and estates law. While the rules governing the distribution of property at divorce and the elective share right both claim to reflect a partnership theory of marriage, Naomi Cahn’s article, What’s Wrong About the Elective Share “Right”?, demonstrates that the elective share does not further a partnership theory, at least not in cases involving subsequent marriages, and further fails to recognize and adequately balance the interests of multiple families.

https://lawprofessors.typepad.com/trusts_estates_prof/2021/05/review-of-naomi-cahns-whats-wrong-about-the-elective-share-right-article-released.html

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