- 11 U.S.C.
Bakst v. Miller (In re Miller)
Nov
12
2010
Ruling
Debtor widower's elective share in deceased spouse's estate was not property of the estate where election was not made until after discharge.
Procedural posture
After trustee filed an adversary complaint to determine the validity, priority and interest of defendant debtor, a widower, in his elective share in his deceased wife's estate, the parties cross-moved for summary judgment on the issue of whether debtor's interest in the elective share was property of the chapter 7 estate under 11 U.S.C.S. § 541.
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Court
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