Widows election refers to the legal right of a surviving spouse to choose between accepting the provisions of a deceased partner's will or opting for a statutory share of the estate. This right is designed to protect the financial interests of the surviving spouse, ensuring they receive a minimum portion of the deceased's wealth, which is often accumulated during the marriage.
This term is primarily used in family law and estate planning. It allows a surviving spouse to make a choice regarding their inheritance, which can significantly impact the distribution of the decedent's assets. Users can manage this process using legal forms available through platforms like US Legal Forms, which provide templates drafted by attorneys to assist in making these elections properly.
Here are a couple of examples of abatement:
For instance, if a spouse dies leaving a will that provides for a specific amount to the surviving partner, the surviving spouse may choose to accept that amount or elect for one-third of the total estate value instead. (Hypothetical example).
| State | Elective Share Percentage |
|---|---|
| California | One-third of the estate |
| New York | One-third of the estate |
| Texas | One-half of the community property |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Elective Share | The portion of an estate a surviving spouse is entitled to claim, regardless of the will. |
| Intestate Succession | The process by which assets are distributed when someone dies without a will. |
If you are a surviving spouse considering your options, review the will and understand your rights under state law. You may benefit from using legal form templates from US Legal Forms to assist in making your election. If the situation is complex, consider consulting a legal professional for tailored advice.
Browse our library of 85,000+ state-specific legal templates.
A widow's election is the legal right of a surviving spouse to choose between the provisions of a will and a statutory share of the estate.