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Review of Reviews: Spousal Abuse Should Bar InheritanceReview of Reviews: Spousal Abuse Should Bar Inheritance

Thomas C. Foster, Director

July 3, 2012

2 Min Read
Review of Reviews: Spousal Abuse Should Bar Inheritance

Carla Spivack, "Let's Get Serious: Spousal Abuse Should Bar Inheritance." 90 Or. L. Rev. 247 (2011)

Professor Carla Spivack’s article advocates that states should adopt laws creating rebuttable presumptions that abrogate surviving spouses’ succession law rights when the preponderance of the evidence shows that the survivors exercised “coercive control” over their deceased spouses. Such coercive control would entail a pervasive pattern of threats, violence, surveillance or related behaviors by a surviving spouse that caused the deceased spouse to live in constant fear. The survivor must have intended to gain power or control over the decedent, who would have been compelled to change her behavior. The statutes would apply to property rights...

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About the Author

Thomas C. Foster

Director, McCandlish Holton

Thomas C. Foster is a member of the McCandlish Holton Tax Section and Corporate Department with a primary emphasis on employee benefits. Regarding employee benefits, his clients include major financial institutions, employers in diverse industries, accountants and employee benefits consultants.

Additional areas of practice emphasis include: tax issues in business structuring, state and local taxation, payroll taxes (especially with international employees) and conservation easements.

Tom has been practicing law with McCandlish Holton since 1994. Prior to joining the firm, Tom had 20 years of related experience, primarily as an officer of a major bank employee benefit trust department.

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