elective share


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Elective Share

Statutory provision that a surviving spouse may choose between taking that which is provided in the will of the deceased spouse or taking a statutorily prescribed share of the estate. Such election may be presented if the will leaves the spouse less than he or she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will that contains a provision to the effect that an attempt to contest the will defeats the rights of one to take under the will.

elective share

laws that allow a spouse to take a part of an estate when the other spouse dies, regardless of the terms of any will or testament.
References in periodicals archive ?
Ever since the statutory elective share replaced dower and curtesy, courts have been trying to expand the property subject to the spouse's elective share.
Elective Share, Homestead, and Statutory Entitlements under Florida Law
Specialties are Probate, trusts, elective share trust, wills, power of atty, Medicaid, VA, and LTC planning.
This third edition offers expanded coverage of the elective share doctrine of the Uniform Probate Code, analyzing the Code's harmless error approach versus the traditional strict compliance approach.
The following [begin strikethrough]must be[end strikethrough]are adversary proceedings unless otherwise ordered by the court: proceedings to remove a personal representative, surcharge a personal representative, remove a guardian, surcharge a guardian, probate a lost or destroyed will or later-discovered will, determine beneficiaries, construe a will, reform a will, modify a will, cancel a devise, partition property for the purposes of distribution, determine pretermitted status, determine pretermitted share, determine amount of elective share and contribution, and for revocation of probate of a will.
However, before pursuing such an agreement, local law should be consulted to ensure that such restrictive agreements are enforceable, especially in light of a surviving spouse's elective share statute or other statutory authority that gives the surviving spouse the right to select the S corporation stock from the decedent's estate.
The IRS has addressed the following issues: Timing of the charitable deduction in connection with gifts of stock options, gifts where the donor retains the ability to manage the gift property, final regulations concerning the charitable remainder trust characterization and ordering rules, and a controversial (and withdrawn) proposal concerning the impact of spousal elective share laws on the qualification of charitable remainder trusts.
Simply removing the spouse from the documents, however, does not completely remove the spouse from inheriting by an elective share (discussed below).
An election to take the elective share may be filed by the surviving spouse, or on behalf of the surviving spouse by an attorney-in-fact or guardian of the property of the surviving spouse.
Thus, the proposed regulations provide that substantially separate and independent shares of different beneficiaries are to be treated as separate estates for purposes of computing DNI; further, a surviving spouse's statutory elective share is a separate share.
The surviving spouse would be limited to pursuing an elective share court proceeding.