Keeping Current: Probate, July/August 2005
Beyer, Gerry W.
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A look at selected recent cases, rulings and regulations, literature, and legislation. The following rulings from select cases are included. The exclusion of adopted beneficiaries does not apply to individuals born as the result of gestational surrogacy. A will conditioned on dying during heart surgery was not effective because death occurred later. New Jersey statute gives benefits of tenancy by entirety to same-sex couple. Survivor of Vermont civil union may maintain wrongful death action under New York law. No pick-up tax owed if other credits eliminate federal estate tax. Retroactive application of decoupling is manifestly unjust. State pick-up tax must be linked to actual federal law. Trustee surcharged for gross negligence in selecting investments. Property decendent transferred into a family limited partnership included in gross estate. Life insurance trust deemed to have no insurable interest in the decedent’s life. Deposit into a joint account is a prohibited gift. Trust immune from claim by surety.