Wyoming Waiver of Right to Election by Spouse

Q: What is the elective share in Wyoming?

Elective Share The portion of a deceased spouse&#039;s probate estate that a surviving spouse is entitled to claim ing to Wyoming law. If a spouse is cut out of a will, they can still get an elective share.

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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Elective Share The portion of a deceased spouse's probate estate that a surviving spouse is entitled to claim ing to Wyoming law. If a spouse is cut out of a will, they can still get an elective share.

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