Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

elective share

Read a random definition: trashing

A quick definition of elective share:

The elective share is a law in the United States that helps protect a surviving spouse from being completely left out of their deceased spouse's will. It ensures that the surviving spouse receives a certain portion of the deceased spouse's estate, usually one-third, regardless of what the will says. This law exists in states where spouses can own separate property, which means they don't automatically share everything they own.

A more thorough explanation:

The elective share is a legal term that refers to a spousal share, which is also known as a statutory share, election against the will, or forced share. It is a law in the United States that prevents a spouse from being disinherited.

When someone dies, their property and assets are distributed according to their will. However, if the deceased spouse did not leave anything for their surviving spouse, the elective share law comes into play. This law gives the surviving spouse a fixed fraction of the deceased spouse's probate estate. Traditionally, this fraction is one-third of the estate, regardless of the length of the marriage. For example, if a husband dies and leaves behind a $300,000 estate, his wife would be entitled to $100,000.

The Uniform Probate Code provides a more complicated scheme for determining the elective share. Elective share statutes are enacted in "separate property states." These are often contrasted with "community property states." In separate property states, the property and assets acquired during the marriage belong to the spouse who acquired them. In community property states, the property and assets acquired during the marriage belong to both spouses equally.

Overall, the elective share law ensures that a surviving spouse is not left with nothing after their partner's death. It provides a safety net for spouses who may have been left out of their partner's will.

elections | Electoral College

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
LSD+ is ad-free, with DMs, discounts, case briefs & more.