Significant Probate and Trust Decisions - Section V
John F. Kuether
SUMMER 1994 Signifiant hbate and fist Decisions 323 and annuities from other conveyances by the decedent. Inconsistency in decisions regarding the surviving spouse's elective share rights against various probate avoidance devices has lent a great deal of support to the 1990 Uniform Probate Code elective share provisioons14* The McCarfy case is troubling in that it set aside the entire beneficiary designation when the spouse had a right to only one-half of the conveyed property. The statute does...