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What share of property am I entitled to after my husband's death?

What share of property am I entitled to after my husband's death?

Full question:

My husband is suffering from a heart disease. Doctor has told that he won’t survive more than a year. He has made a will to which I have no access as his attorney is the will's keeper. How much share of his property am I entitled to receive after his death?

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

Answer:

If your husband dies without a will, your share of his estate depends on how long you were married. Generally, you are entitled to an elective share, which is a percentage of the augmented estate's value. The augmented estate includes all property, whether real or personal, that constitutes your husband’s estate.

According to HRS § 560:2-202, the elective share amount varies based on the duration of your marriage. You may also choose a smaller share if you wish. If the total value of your share is less than $50,000, you may receive a supplemental amount to reach that minimum.

Additionally, if you exercise your right to an elective share, this does not affect your homestead allowance, exempt property, or family allowance, which are separate benefits.

For more details on how the elective share is calculated and the sources from which it is payable, refer to HRS § 560:2-209 and HRS § 560:2-203.

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 you make a will for someone else?

Generally, you cannot create a will for someone else unless you have their explicit permission and are acting as their legal representative. It's important that the person for whom the will is being created understands and agrees with its contents. In some states, a person can assist in drafting a will, but the testator (the person making the will) must sign it themselves. Always consult with a qualified attorney to ensure that the will complies with state laws and accurately reflects the individual's wishes.

Why are joint wills a bad idea?

Joint wills can be problematic because they are typically irrevocable, meaning that once one party passes away, the surviving party cannot change the will. This can lead to unintended consequences if circumstances change. Additionally, joint wills may not adequately address the individual needs and wishes of each party. It is often better to have separate wills that can be updated independently. Consulting with an attorney can help ensure that your estate planning is flexible and meets your specific needs.

Who is the best person to draw up a will?

The best person to draw up a will is a qualified attorney who specializes in estate planning. An attorney can provide valuable guidance on legal requirements, ensure that your wishes are clearly articulated, and help navigate complex issues such as taxes and property distribution. While you can use online templates or services, having a professional involved can help avoid potential legal disputes and ensure that the will is valid under state law.

Is it legal to write a will for someone else?

It is generally not legal to write a will for someone else without their involvement and consent. The person making the will, known as the testator, must have the capacity to understand the document and its implications. While you can assist someone in drafting their will, they must ultimately review and sign it themselves. It’s advisable to consult an attorney to ensure that the will complies with state laws and accurately reflects the individual's wishes.

How does heart disease affect relationships?

Heart disease can significantly impact relationships, as it may lead to emotional stress, anxiety, and changes in lifestyle for both the patient and their partner. The illness can create feelings of fear and uncertainty about the future, which can strain communication and intimacy. Partners may need to adapt to new roles, such as caregiving, which can alter the dynamics of the relationship. Open communication and seeking support from healthcare professionals or counselors can help couples navigate these challenges.

Does a will in Washington need to be notarized?

In Washington, a will does not need to be notarized to be valid. However, it must be signed by the testator and witnessed by at least two individuals who are not beneficiaries. Notarization can provide additional legal protection and simplify the probate process, but it is not a requirement. For more details, it’s advisable to consult with an attorney familiar with Washington state laws regarding wills.