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District of Columbia
Waiver of Right to Election by Spouse

District of Columbia Waiver of Right to Election by Spouse

Category:

Probate - Estates

State:

Multi-State

Control #:

US-03334BG

Format:

Instant download

Description

An elective share is a term used relating to inheritance, which describes a proportion of an estate which the surviving spouse of the deceased may claim in place of what they were left in the decedent's will. It has also been called a widow's share, statutory share, election against the will, or forced share.

The election rights of a spouse are governed by state laws, which vary by state. Under such laws, the surviving spouse has historically had the option of either:
1. Accepting what was provided to him or her pursuant to the decedents will; or
2. Electing to take a fixed portion of the decedents probate estate property.

The right of election of a surviving spouse may be waived, wholly or partially, by a written agreement, or by a waiver signed by the surviving spouse. A valid waiver by a surviving spouse of a right of election against a will must meet three requirements:
1. It must be in the form of a written contract or agreement;
2. It must be signed by the party waiving the right; and
3. There must have been fair disclosure.

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FAQ

Share of spouse or domestic partner. (5) One-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or surviving domestic partner.

In most states, it is impossible to totally disinherit your spouse in a will. Spouses have a right of election, and can claim a certain fraction of the estate as their elective share, no matter what the will says. In community property states, a surviving spouse owns half of their shared property.

A decedent's surviving spouse or surviving domestic partner is entitled to a homestead allowance of $15,000.

Surviving parents inherit nothing in D.C. in this situation. If the deceased is survived by a spouse but no children or grandchildren (of a predeceased child) ? Surviving spouse inherits the entire estate. If the deceased is survived by children (but no spouse) then surviving children inherit in equal shares.

In D.C., if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

Court order. A personal representative may at any time petition the Court for permission to act in any matter relating to the administration of the estate.

District of Columbia The intestate share of a surviving spouse or domestic partner is at minimum one-half of the estate so, in all cases, the elective share will be one-half. The District of Columbia limits the net estate to the decedent's probate estate.

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