elective share


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elective share

The ability of a surviving spouse to elect to take a specified percentage of the decedent's estate rather than the amount left by the will.Most states make some sort of provision so that a surviving spouse cannot be completely disinherited.The vehicle may be the common law rights of curtesy (the widower's share) or dower (the widow's share). Because of archaic concepts about the relative needs of surviving spouses, dower and curtesy did not provide the same benefits to husbands as to wives. As a result, many states passed statutes modifying the rules or even completely abolishing them in favor of a statutory scheme. The statutory system usually allows a surviving spouse to elect between taking what was provided in the will or taking a certain preset percentage of the decedent's estate.

References in periodicals archive ?
2) The early version of these statutes, sometimes referred to as the "original" elective share statutes, provided that the surviving spouse receives a portion (usually one-third) "of the decedent's estate.
These include the elective share, homestead property, exempt personal property, and a family allowance.
5) that an election to take an elective share must be filed within the time provided by law.
The client can plan for this situation with a contingent elective share trust under F.
C) if no objection to the election is timely served, an order determining the surviving spouse's entitlement to the elective share may be granted without further notice.
The legislation: provides a definition of "minor" for purposes of the Probate Code; deletes the definition of "incompetent" and replaces it with the definition of "incapacitated" for purposes of the Probate Code; amends the statute of limitations for determining paternity in probate proceedings; makes clarifications to provisions addressing the elective share; modifies provisions relating to the assessment of attorney's fees and costs when a request for the elective share is withdrawn, and adds a provision for the assessment of fees and costs when an election is not made in good faith.
elective share rights); b) dower or curtesy rights; c) rights as intestate heir; d) rights as a pretermitted spouse; e) exempt property rights; f) family allowance rights; g) homestead rights (discussed above); h) right to qualify and serve as personal representative of the other party's estate or trustee of any trust created by the other party.
Under the Uniform Probate Code (which abolishes dower), the elective share permits a surviving spouse to take property either under the will of the deceased spouse, or to take a percentage of the deceased spouse's separate property (which increases based on the number of years that the couple was married).
604 Florida Statutes, to treat inventories filed with the clerk of court in a probate proceeding in connection with the spousal elective share procedure the same as estate inventories in terms of not being subject to public inspection.
S did not assert her right to take an elective share against the will.