Elective Share Statute Flashcards
1
Q
Elective Share Statute
A
Designed to protect disinhertied spouse, by ensuring they will take at least minimum share.
must be brought within 5 months after will is admitted to probate, may be brought by representative on behalf of incapacitated spouse if court approves.
2
Q
Where does Spouses’ share come from
A
Pro rata reduction of beneficiaries shares
3
Q
Common Law Distribution
A
Gives 1/3 or 1/2 of decendent’s estate depending on living descendents
4
Q
Original UPC and Revise UPC
A
Original: 1/3 of estate
Revised is accrual approach which depends on length of marriage
