Define: Spousal Share

A spousal share refers to the portion of a deceased person’s estate that is legally entitled to their surviving spouse.

The spousal share is typically determined by state laws, which may vary. In some states, the surviving spouse is entitled to a specific percentage or fraction of the estate, while in others, they may be entitled to specific assets or a combination of both.

In most cases, a deceased person’s will cannot override the spousal share. State laws prioritize the surviving spouse’s entitlement to a certain portion of the estate, regardless of what the will may state.

If the deceased person had children from a previous marriage, the spousal share may be affected. In some states, the surviving spouse’s share may be reduced if there are children from a previous marriage, while in others, the spousal share remains unaffected.

Yes, in some cases, the surviving spouse may choose to waive their spousal share. This can be done through a legal document, such as a prenuptial or postnuptial agreement.

Yes, the spousal share can be contested, especially if there are disputes regarding the validity of the marriage or if there are allegations of fraud or undue influence. Contesting the spousal share typically requires legal intervention and evidence to support the claim.

The spousal share is generally not affected by the deceased person’s debts. However, the surviving spouse may still be responsible for any joint debts or obligations they shared with the deceased person.

In general, the spousal share cannot be transferred to someone else unless the surviving spouse voluntarily chooses to do so. However, there may be exceptions in cases of divorce or legal separation.

In some cases, the spousal share may be modified if there are significant changes in circumstances, such as remarriage or a change in financial status. However, this typically requires legal proceedings and court approval.

If the deceased person did not have a surviving spouse, the spousal share would not apply. Instead, the distribution of the estate would be determined based on other legal factors, such as the presence of children, parents, or other relatives.