Full question:
If I reject the property given to me by my husband in his last will, will I get the right to claim half of his property as my elective share? We have four kids together who are solely dependent upon me now.
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: New Hampshire
Answer:
No, if you have children from your marriage to your deceased husband, you cannot claim half of his property as your elective share. Instead, you may be entitled to one-third of his personal property and one-third of his real estate. If there were no children but your husband had surviving parents or siblings, you could claim ten thousand dollars in personal property and ten thousand dollars in real estate, plus half of the remainder above those amounts. If there are no children, parents, or siblings, you could claim ten thousand dollars plus two thousand dollars for each full year of marriage, and half of the remainder in both personal and real estate. The relevant law is RSA 560:10, which outlines the distribution of a deceased spouse's estate when the surviving spouse waives the will.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.