Tag Archives: Surviving

Tennessee Supreme Court Rules Surviving Spouse May Bring Wrongful Death Action Despite Owing Child Support Arrearages

If the death of a family member was caused by the negligence of another person, a personal representative may institute a Tennessee wrongful death action on behalf of the decedent’s beneficiaries.  Generally, the beneficiaries identified by statute receive the compensation obtained in … Continue reading

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Surviving and Thriving (with video): Marine City business reinvents itself

Surviving and Thriving (with video): Marine City business reinvents itself A tiny storefront in a small business district could have been among one of a growing number of empty spaces dotting the landscape in St. Clair County. Read more on … Continue reading

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Surviving Same -Sex Partner in Canadian marriage ruled “spouse”

In a brief opinion, a Surrogate Judge in New York recognized a Canadian same-sex marriage for probate purposes, declaring the surviving partner the “surviving spouse and sole distributee” and thus not requiring process to other members of the decedents family…. … Continue reading

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Sixth Circuit Disregards Choice of Law Provision in Pension Plan To Decide Surviving Spouse Issue

If you like to follow ERISA cases, you wont want to miss reading this interesting one here: Daimler-Chrysler v. Durden, 05-1662 (6th Cir., May 26, 2006). The case illustrates how the task of deciding who is the proper beneficiary of… … Continue reading

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The settlor’s language deemed to require the trustee to pay the surviving spouse’s statutory all

The decedent’s inter vivos trust stated that should his probate estate be insufficient, “there shall be paid” to the estate sums necessary to pay taxes and amounts requested by the executor to pay expenses, specific bequests, and statutory allowances.In Zahn… … Continue reading

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