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Can I claim an elective share of my husband's property after his death?

Can I claim an elective share of my husband's property after his death?

Q: Can you leave your husband out of the will?

Yes, in Nevada, you can leave your husband out of your will if you choose. However, it's important to note that he will still be entitled to his share of the community property upon your death. This means he automatically owns half of the community property acquired during the marriage, regardless of the will's provisions.

Full question:

My husband left his property to his niece in his will executed before his death. Can I claim an elective share in his property?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: Nevada

Answer:

No, in Nevada, you cannot elect against your deceased husband’s will. However, you are entitled to an undivided half interest in the community property. Since Nevada is a community property state, the surviving spouse automatically owns half of the community property of the deceased.

According to Nevada law (Nev. Rev. Stat. Ann. § 123.250), upon the death of either spouse:

An undivided one-half interest in the community property belongs to the surviving spouse as their separate property.
The remaining interest is subject to the decedent's will or, if there is no will, goes to the surviving spouse.

This law applies to all community property acquired before, on, or after July 1, 1975, but does not apply to community property with a right of survivorship.

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.

FAQs

What are elective share rights?

Elective share rights allow a surviving spouse to claim a portion of the deceased spouse's estate, regardless of the will's provisions. This is intended to protect the surviving spouse from being disinherited. However, in Nevada, the law does not permit a spouse to elect against a will, meaning they cannot claim an elective share if the will designates the property to someone else. Instead, they are entitled to half of the community property.

Does the first wife get everything when her husband dies?

In Nevada, the distribution of a deceased person's estate depends on the will and the type of property involved. If a husband leaves a will, the property is distributed according to its terms. However, the surviving spouse is entitled to half of the community property, regardless of the will. If there is no will, the surviving spouse generally inherits the entire estate, but this can vary based on specific circumstances.

What is included to calculate your elective share?

To calculate an elective share, you typically consider the total value of the deceased spouse's estate, including real estate, personal property, and financial accounts. However, in Nevada, elective share claims are not permitted against a will. Instead, the surviving spouse automatically owns half of the community property, which is separate from the elective share calculation.

Is a legal request for how one's estate should be distributed upon death?

Yes, a legal request for how an estate should be distributed upon death is typically made through a will. A will outlines the deceased person's wishes regarding property distribution, guardianship of minor children, and other matters. In Nevada, if a valid will exists, the estate is distributed according to its terms, subject to the rights of the surviving spouse to their share of community property.

What is an example of an elective share?

An example of an elective share would be a situation where a spouse is entitled to claim a percentage of the deceased spouse's estate, despite a will that leaves everything to someone else. For instance, if a husband leaves his estate to his children but the wife claims her elective share, she might receive a statutory percentage of the estate's value. However, in Nevada, spouses cannot elect against a will, so this scenario does not apply.

Can you leave your husband out of the will?

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