Election by Spouse

By: Martin M. Shenkman, CPA, MBA, JD

A spousal right of election is a right a spouse may have under state law to a portion of your estate even if you provide in your will to the contrary. If you wish to make distributions that will provide your spouse less than that mandated under state law your spouse should sign a waiver of his or her right to the election to assure that the will is going to be respected. While many spouses opt not to pursue this formality there is no assurance that the right will not be asserted.

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