Understanding the Spousal Elective Share The Elective Share, also known as the Statutory Share or Forced Share, is a critical legal mechanism in U.S. inheritance law designed to protect a surviving spouse from being completely disinherited by their deceased spouse’s will or trust. This right allows the survivor to claim a fixed percentage of the […]
Article Snapshot: The Spousal Elective Share In U.S. inheritance law, the elective share is a powerful safeguard designed to protect a surviving spouse from being unfairly disinherited, regardless of the terms in the deceased spouse’s will. This right allows the survivor to claim a statutory percentage of the deceased’s total estate, often referred to as
This post explains the legal concept of the elective share, a right for a surviving spouse to claim a portion of a deceased spouse’s estate, regardless of the will’s provisions. It provides insight into why this right exists and how it may impact estate planning and inheritance. Estate planning is a critical step for anyone