Protection of the Family

Question 1

Elective Share

Answer 1

Spouse may take a statutory share over the share they would receive in the will.

If descendants—>Entitled to 1/3 + percentage based on years of marriage

No descendants—> entitled to 1/2 + percentage based on years of marriage

Question 2

Pretermitted Child Statutes

Answer 2

After-born/after-adopted child takes intestate share. The UPC provides that the pretermited child takes shares from other children in equal manner.

Exceptions: omission appears intentional; testator had other children and left nearly all of the estate to the other parent of the omitted child; testator provided for omitted child outside of will