Full question:
My wife and I lived in Alaska. She recently passed away due to old age and left most her property to our daughter. I'm behind on my bills and a larger share of my wife's property would be helpful in paying them. Am I entitled to a larger share of my wife's property?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Alaska
Answer:
Yes, in Alaska, as a surviving spouse, you have the right to an elective share of your deceased spouse’s augmented estate. Under Alaska law, you can claim one-third of your wife’s augmented estate. However, you must file a petition for this elective share within nine months of your wife’s death or within six months after the probate of her will, whichever is later.
The augmented estate includes the value of the decedent’s probate estate, along with certain nonprobate transfers. If the total value of your elective share is less than fifty thousand dollars, you may also be entitled to a supplemental elective share amount to reach that minimum.
To exercise your right, you need to file a petition in court and notify interested parties. If you miss the nine-month deadline, you may lose the right to include nonprobate transfers in the augmented estate calculation.
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.