Protection of Family Flashcards
1
Q
PROTECTION OF THE SURVIVING SPOUSE—ELECTIVE
SHARE STATUTES
A
Common law marital property states have elective share statutes that give the spouse an election to take a statutory share of the decedent’s estate in lieu of taking under the decedent’s will.
2
Q
Effect of Election on Testamentary Plan
A
The elective share is paid first from the assets that, but for the election, would have passed to the surviving spouse. Beyond that, the abatement rules apply. Note that life estates are sometimes
treated as though the spouse predeceased the testator, and remainders are accelerated.
