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| THE WIDOW'S ELECTION In order to be sure that no widow was ever completely disinherited by her husband, many states have created a law that gives the widow the election to take part of the estate. However, this is an active ... not a passive ... decision that the widow must make. If your spouse has completely disinherited you, you can go to the probate court and file a widow's election. In most states, this will give you the right to receive a certain portion of the estate. Generally, this portion is between one-third and one-half of the estate and, in some states, depends on the number of children that the decedent had. Note that this is not completely automatic. One often hears that a widow "automatically" receives a certain portion of the estate. That statement is not correct. You do not receive it automatically. You must make the effort to file the widow's election. Generally, the widow's election pertains only to those items in the probatable estate. It includes only those items that pass from the will. It would not, in most cases, include a house that the decedent owned jointly with some other person. Neither would it include a bank account owned jointly. Insurance proceeds are also, generally, outside the widow's election as are pension plan proceeds. If and when you ... or a friend, ever experiences a spousal disinheritance, proceed immediately to an estate planning attorney licensed to practice in your state and engage him or her to act for you ... to claim the Widow's Election. |
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