Q. 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 "Right of Election" which would entitle him/her to take a share of the deceased spouse's estate. Generally, this "election" must be made within six months from the date letters testamentary issue to the executor, but in no event later than two years after the decedent's death; and may entitle her/him to the greater of $50,000.00 or one-third of the net estate, if the decedent died on or after September 1, 1992.

  • Last Updated Jan 17, 2020
  • Views 35
  • Answered By Librarian 5

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