pjc-family-2024-lib

S UBJECT I NDEX

Examplary damages —continued for fraud by nonspouse party, 206.5 Express trust. See Trust (express)

by spouse against community state, 206.4 exemplary damages, 206.5

G Geographic restriction on primary

F Fair market value, definition of, 203.1 Family violence, appointment of party with history or pattern of, 215.4 Family violence, modification of conservatorship for 217.1–217.4 Fault, ground in divorce, 201.1 Fiduciary duty. See Breach of fiduciary duty by personal representative; Breach of fiduciary duty by trustee of express trust Fiduciary relationship between spouses regarding property management, 206.1 Forfeiture clause in trust, 235.8 in will, 230.10 of trustee’s fee, 235.15 Forgery, 235.4 Fraud. See also Fraud—dissolution of marriage definition of (sham to perpetrate), 205.2 resulting in execution of will, 230.6 and undue influence, 230.6 Fraud—dissolution of marriage, ch. 206 actual by nonspouse party, 206.5 by spouse against community estate, 206.2 by spouse against separate estate, 206.3 conduct of spouse affecting property rights, 206.1 constructive by nonspouse party, 206.5

residence, 215.15, 216.1, 216.2, 216.5, 217.1–217.4, 217.7

Gift

definition of, 202.3 fraudulent, 206.4 property acquired by, 202.6 Good faith for attorney’s fees and costs in defense for removal of independent personal representative, 250.7 for attorney’s fees and costs in will contest, 250.3 for attorney’s fees in guardianship application, 250.5 in dealings between spouses, 206.1 definition of, 230.10, 235.8, 250.3, 250.5, 250.7 for personal representative, 232.2 for trustee, 235.9–235.12 not necessary to support award of attorney’s fees in divorce, 250.1 trustee’s duty to act in, 235.9–235.12 in unenforceability of forfeiture clause in trust, 235.8 in will, 230.10 Grandparent, possession of or access to child by, advisory opinions by jury on, inadvisable, 216.4, 217.6 Gross misconduct, definition of, 233.1, 233.2 Gross mismanagement, definition of, 233.2 Guardian qualifications of, 240.12–240.15 removal of, 240.20

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