- elective share
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elective share n: the share (as one third) of an estate set by statute that a widow or widower or sometimes a child is entitled to claim in lieu of any provisions made in a will or in the event of being disinherited unjustifiably – called also forced share; compare curtesy, dower
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
- elective share
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laws that allow a spouse to take a part of an estate when the other spouse dies, regardless of the terms of any will or testament.
Collins dictionary of law. W. J. Stewart. 2001.
- elective share
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The portion of a deceased person's estate that the surviving spouse is entitled to claim under state law. In many states, the elective share (also called the statutory share) is about one-third of the deceased spouse's property. In some states, however, the amount the surviving spouse can claim depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the elective share. (See also: dower, curtesy)Category: Wills, Trusts & Estates → Estates, Executors & Probate CourtCategory: Wills, Trusts & Estates → Wills
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
- elective share
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n. In trusts and estates, a share, mandated by law, that a spouse or child may elect to take of the estate, in lieu of inheriting under the will.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
- elective share
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Statutory provision that a surviving spouse may choose between taking that which is provided in the will of the deceased spouse or taking a statutorily prescribed share of the estate.Such election may be presented if the will leaves the spouse less than he or she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will that contains a provision to the effect that an attempt to contest the will defeats the rights of one to take under the will.
Dictionary from West's Encyclopedia of American Law. 2005.
- elective share
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Statutory provision that a surviving spouse may choose between taking that which is provided in the will of the deceased spouse or taking a statutorily prescribed share of the estate.Such election may be presented if the will leaves the spouse less than he or she would otherwise receive by statute. This election may also be taken if the spouse seeks to set aside a will that contains a provision to the effect that an attempt to contest the will defeats the rights of one to take under the will.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.