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Can I waive my rights to my husband's property with a verbal statement?

Can I waive my rights to my husband's property with a verbal statement?

Full question:

A few weeks before my husband passed, I had an emotional breakdown and ended blurting out that I waive my rights over my husband property. Is the statement sufficient to exclude me from the elective share in my husband’s estate?

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

Answer:

No, a mere verbal statement is not enough to waive your rights to your husband's property. For a waiver to be legally valid, it must be in writing and signed by the spouse, either before or after the marriage. In Utah, a surviving spouse can choose to take an elective share, which is up to one-third of the augmented estate. Any property received under the will counts against this share. You must file for this share within one year after the death or six months after probate begins, whichever is later. Relevant laws include Utah Code Ann. § 75-2-202, which details the right of election, and § 75-2-213, which outlines the requirements for waiving such rights. Users can search for state-specific legal templates 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.

FAQs

Can a husband leave his wife out of the will?

Yes, a husband can leave his wife out of his will. However, in many states, including Utah, a surviving spouse has certain rights to a portion of the estate, known as the elective share. This means that even if a spouse is omitted from the will, they may still be entitled to claim a share of the estate. In Utah, the elective share can be up to one-third of the augmented estate. It's important to consult with a legal professional to understand your rights in this situation.

What is the right of the surviving spouse?

The right of the surviving spouse typically includes the ability to claim an elective share of the deceased spouse's estate, which is often up to one-third of the augmented estate in Utah. This right ensures that the surviving spouse is not left without support after the death of their partner. Additionally, the surviving spouse may have rights to certain property and assets, depending on the will and the nature of the marriage. Consulting with an attorney can provide clarity on these rights.

What are you entitled to when your spouse dies?

When a spouse dies, you may be entitled to several things, including your elective share of the estate, which is up to one-third of the augmented estate in Utah. You may also inherit property if your spouse left a will that includes you, or if state laws dictate certain rights for surviving spouses. Additionally, you might have rights to jointly owned assets and life insurance proceeds. It's advisable to seek legal guidance to understand your specific entitlements.

What not to do when your spouse dies?

When your spouse dies, avoid making hasty decisions regarding their estate. Do not sign any documents without understanding their implications, especially regarding waiving rights to the estate. It's also important not to ignore deadlines for claiming your elective share or other benefits. Lastly, avoid discussing the estate with family members or friends without legal advice, as this could complicate matters. Consulting with an attorney can help you navigate this difficult time.