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Until Death Do Us Part: Part III: The Litigation of Spousal Fiduciary Breaches Under the Family Code in the Post-Death Setting
Every marriage will end. Some marriages end in divorce, while others end upon death. The property rights of the respective spouses must be determined under either scenario. Previous articles by this author have discussed the application of family law authority in the post-death setting to determine the interests of the respective spouses in comingled community and separate property.01 But this is not the only area in which the legal principles commonly used in divorce proceedings also apply when a marriage instead ends upon death.
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