Legal Question in Wills and Trusts in Alabama
Contested Will; Estate Spouse Elective Share
What is Spouse Elective Share? What is the formula for spouse elective share when a Will is contested?...My brother, father and mother passed away in the same year, with my mother passing away last. My mother left a Will leaving everything to me as well as the executor of her estate, but she also left a fourth husband that contested my mother's Will wanting his Spousal Elective Share...What is it? Where can I find more information on the subject. My mother left a home and some other real estate property. The Deeds are all in her name only...I live in CA but this matter is going to court in my home state of AL (where my mother lived).
1 Answer from Attorneys
Spousal Election
When a spouse elects to take against the will, the spouse is entitled to a statutory share which in most states with children surviving would be 1/3. IT MAY VARY FROM STATE TO STATE, HOWEVER. If there was a prenuptual agreement, that would prevent the election. I suggest you contact an attorney in the decedent's home state.
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