The surviving spouse of a Florida domiciliary has the right to a percentage
elective share from the decedent's probate assets.
Moreover, the client spouse may need to consider other means of asset disposition in order to minimize
elective share (as described in more detail below).
At issue in Ciani is the surviving spouse's interest in real estate under the "spousal
elective share" statute, the law governing the right of a living spouse of a deceased person to waive provisions of a will and receive a statutory share, regardless of what is (or is not) provided for in the deceased's written will.
Hammer (Bureau of Mediation Servs.)<br />https://mn.gov/law-library-stat/archive/ctapun/2018/opa171748-061118.pdf<br /> <br />Probate<br />Elective Share<br />In this probate dispute, appellant argued that the District Court erred by failing to extend the time for him to petition for an
elective share and by failing to invalidate his elective-share waiver.
It contains cases, discussion, and notes on planning for the transmission of property from one generation to another, beginning with planning for incompetency and death and followed by taxation of trusts and estates and gratuitous transfers, inheritance, intestacy, wills, will substitutes and other forms of inheritance, the spousal
elective share and family protections, private trusts, class gifts and powers of appointment, and charitable trusts.
Therefore, a deed that has the effect of disinheriting a spouse, child, or other beneficiary named in a will or trust, or avoiding valid debts, could thereafter be subject to claims of incapacity or undue influence, (27)
elective share rights, (28) homestead protections for spouses and minor children, (29) or creditors claiming a fraudulent conveyance.
(5) that an election to take an
elective share must be filed within the time provided by law.
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.
Grubb as his attorney in fact, and Grubb gave notice that Marvin wanted to take his
elective share of Bertha's augmented estate, pursuant to Va.
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.
Disinheriting a spouse is more complex because of
elective share statutes; most states require the affected spouse to sign a waiver at the time the will is signed stating that he or she is consenting to the disinheritance.
