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 rationale for granting an election to the surviving spouse is to ensure that the surviving spouse receives at a minimum amount of the decedents wealth which, in many cases, was accrued during the marriage.
Currently, the amount to be reserved for a spouse is determined by the law of the state where the estate is located. In most states, the elective share is between 1/3 and 1/2 of all the property in the estate, although many states require the marriage to have lasted a certain number of years for the elective share to be claimed, or adjust the share based on the length of the marriage, and the presence of minor children. Some states also reduce the elective share if the surviving spouse is independently wealthy.
Louisiana Notice of Election by Surviving Spouse is a legal document that is typically issued in the context of inheritance and succession law. It is important to note that this description provides a general overview and should not be considered as legal advice. The Louisiana Notice of Election by Surviving Spouse is a formal notice that allows a surviving spouse to exercise their rights to claim an elective share of their deceased spouse's estate. In Louisiana, unlike many other states, a surviving spouse does not automatically receive a predetermined portion of the deceased spouse's estate. Instead, the surviving spouse must specifically elect to receive a share by filing the Notice of Election. This notice is governed by the Louisiana Civil Code and provides the surviving spouse with an opportunity to claim a portion of the deceased spouse's community property, even if the deceased spouse's will states otherwise or if there was no will at all. The elective share is designed to protect the surviving spouse's interests and prevent disinheritance. The Louisiana Notice of Election by Surviving Spouse must be filed within a specific timeframe, typically within six months from the date of the deceased spouse's death or within three months from the date of the court's issuance of an order opening the succession, whichever is later. This document must be filed with the appropriate Louisiana court and is subject to specific formalities. Different types of Louisiana Notice of Election by Surviving Spouse include: 1. Notice of Election by Surviving Spouse for Community Property: This type of notice allows the surviving spouse to claim a share of the deceased spouse's community property, which includes assets acquired during the marriage. 2. Notice of Election by Surviving Spouse for Separate Property: In some cases, a surviving spouse may elect to claim a portion of the deceased spouse's separate property. This could be relevant if the surviving spouse is not adequately provided for under the deceased spouse's will or if there was no will at all. It is essential to consult with an experienced attorney specializing in Louisiana inheritance and succession law to understand the specific requirements, limitations, and potential consequences associated with the Louisiana Notice of Election by Surviving Spouse. Legal advice can help survivors navigate the complex legal procedures and ensure their rights are protected during this challenging time.Louisiana Notice of Election by Surviving Spouse is a legal document that is typically issued in the context of inheritance and succession law. It is important to note that this description provides a general overview and should not be considered as legal advice. The Louisiana Notice of Election by Surviving Spouse is a formal notice that allows a surviving spouse to exercise their rights to claim an elective share of their deceased spouse's estate. In Louisiana, unlike many other states, a surviving spouse does not automatically receive a predetermined portion of the deceased spouse's estate. Instead, the surviving spouse must specifically elect to receive a share by filing the Notice of Election. This notice is governed by the Louisiana Civil Code and provides the surviving spouse with an opportunity to claim a portion of the deceased spouse's community property, even if the deceased spouse's will states otherwise or if there was no will at all. The elective share is designed to protect the surviving spouse's interests and prevent disinheritance. The Louisiana Notice of Election by Surviving Spouse must be filed within a specific timeframe, typically within six months from the date of the deceased spouse's death or within three months from the date of the court's issuance of an order opening the succession, whichever is later. This document must be filed with the appropriate Louisiana court and is subject to specific formalities. Different types of Louisiana Notice of Election by Surviving Spouse include: 1. Notice of Election by Surviving Spouse for Community Property: This type of notice allows the surviving spouse to claim a share of the deceased spouse's community property, which includes assets acquired during the marriage. 2. Notice of Election by Surviving Spouse for Separate Property: In some cases, a surviving spouse may elect to claim a portion of the deceased spouse's separate property. This could be relevant if the surviving spouse is not adequately provided for under the deceased spouse's will or if there was no will at all. It is essential to consult with an experienced attorney specializing in Louisiana inheritance and succession law to understand the specific requirements, limitations, and potential consequences associated with the Louisiana Notice of Election by Surviving Spouse. Legal advice can help survivors navigate the complex legal procedures and ensure their rights are protected during this challenging time.
