Protection of the Family Flashcards
1
Q
What is a surviving spouses elective share?
A
50% of the marital property at the time of decedents death
2
Q
How do you calculate marital elective share?
A
Multiply augmented share by percentage based on length of marriage
3
Q
The augmented estate =
A
Net probate estate + non-probate transfers + surviving spouses property
4
Q
What are the statutory percentages for length of marriage?
A
5y 30%
10y 60%
15y 100%
Then take 50% of the final amount
