Define: Elective Share

An elective share is a legal right that allows a surviving spouse to claim a portion of their deceased spouse’s estate, regardless of what is stated in the deceased spouse’s will.

The amount a surviving spouse can claim as an elective share varies depending on the state’s laws. Generally, it ranges from one-third to one-half of the deceased spouse’s estate.

In most cases, a surviving spouse cannot be completely disinherited through an elective share. However, there may be exceptions if the surviving spouse waived their right to an elective share through a prenuptial or postnuptial agreement.

Whether a surviving spouse can claim an elective share while being separated from the deceased spouse depends on state laws. Some states allow a separated spouse to claim an elective share, while others do not.

Yes, a surviving spouse can still claim an elective share even if the deceased spouse had a valid will. The elective share is designed to protect the surviving spouse’s rights, regardless of the deceased spouse’s testamentary wishes.

Yes, a surviving spouse can claim an elective share even if the deceased spouse left all assets to someone else. The elective share ensures that the surviving spouse receives a fair portion of the estate, regardless of the deceased spouse’s distribution choices.

Generally, a surviving spouse can still claim an elective share even if the deceased spouse had significant debts. However, the amount of the elective share may be reduced by the amount of the debts owed by the deceased spouse.

No, a surviving spouse who remarries after the deceased spouse’s death typically loses their right to claim an elective share. However, this may vary depending on state laws, so it is essential to consult with a legal professional.

In most cases, a surviving spouse can only claim an elective share if they were legally married to the deceased spouse. However, some states recognize common-law marriages or domestic partnerships, which may grant the surviving partner the right to claim an elective share.

Yes, a surviving spouse can waive their right to an elective share through a valid prenuptial or postnuptial agreement. However, it is crucial to ensure that the agreement meets all legal requirements and is executed voluntarily and with full understanding of its implications.