I am a surviving spouse who does not receive anything under the terms of deceased husband's/wife's will.
What can I do?
Answer
Generally, a surviving spouse may file a notice expressing their intent to assert the "Right of Election," that is, the right to take a statutory share of the deceased spouse's estate. Generally, this "election" must be made within six months from the date letters testamentary issued to the executor, but in no event later than two years after the decedent's death; and entitles the surviving spouse to the greater of $50,000.00 or one-third of the net estate, assuming the decedent died on or after September 1, 1992.
Pertinent laws are