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Debts in an accrual divorce can materially affect the amount that one spouse may claim from the other. The reason is straightforward. The accrual system considers the net value of each spouse’s estate, rather than only the gross value of the assets that the spouse...
Disputed claims against a deceased estate can affect creditors, beneficiaries and the executor responsible for administering the estate. A creditor may believe that a valid debt has been ignored or rejected. A beneficiary may be concerned that an unsupported claim...
An antenuptial contract may say that property is excluded, but that wording does not necessarily end the enquiry. A spouse relying on excluded assets from accrual must identify the legal basis for the exclusion and produce evidence showing what happened to the asset...
