Full question:
I am the appointed conservator of my 68-year-old grandmother. My grandfather passed away two weeks ago, leaving a will. I wanted to know if my grandmother has the right of election on the property. I want to ensure that she inherits enough to support herself till she is alive. Can I exercise elective rights, if any, on her behalf?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Alabama
Answer:
The right of election allows a surviving spouse to choose a portion of the estate, regardless of the will's terms. However, this right can only be exercised by the surviving spouse during their lifetime. If a guardian or conservator is appointed, they must petition the court to exercise this right on behalf of the spouse. The court will only grant this if it determines that the election is necessary for the spouse's reasonable support throughout their expected lifetime. In Alabama, this is governed by Ala. Code § 43-8-71. To make an election, the surviving spouse must file a petition with the court within six months of the decedent's death or the will's probate, whichever is later. The court can extend this time if justified. The spouse must notify interested parties of the hearing regarding the elective share. They can withdraw their demand at any time before the court's final decision. After a hearing, the court will decide the amount of the elective share and how it will be satisfied from the estate's assets. This process is outlined in Ala. Code § 43-8-73. For more information on state-specific legal templates, users can search at .This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.