Utah Waiver of Right to Election by Spouse

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US-03334BG
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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

Unless they waive their rights to your estate through a pre-marital or post-marital agreement, you cannot disinherit your spouse. However, it is possible to disinherit a spouse in Utah, but it requires careful consideration and proper documentation to ensure that your intentions are legally binding.

Surviving Spouse's Elective Share A decedent's surviving spouse may choose to take her statutory elective share in lieu of what she receives under the decedent's estate plan. In very general terms, the elective share is one-third of the augmented estate.

In Utah, a surviving spouse has a right to a share of the deceased spouse's estate unless the surviving spouse has specifically waived that right. Absent a waiver, one spouse or his or her children cannot stop the surviving spouse from receiving this share.

Parent and child relationship. Inheritance from or through a child by either natural parent or the child's kindred is precluded unless that natural parent has openly treated the child as the natural parent's, and has not refused to support the child.

The order of succession is as follows: Presence of a spouse and no descendants ? The spouse inherits all of the intestate estates. Presence of a spouse and descendants from the decedent and the spouse ? The spouse inherits all intestate estates.

Utah is an "equitable distribution" or "marital property" state as opposed to a "community property" state. This means that the marital property is divided in an "equitable" manner.

Survivorship period. To inherit under Utah's intestate succession statutes, a person must outlive you by 120 hours. So, if you and your brother are in a car accident and he dies a few hours after you do, his estate would not receive any of your property. (Utah Code § 75-2-104.)

If you die without a will in Utah, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married and whether your spouse is also your children's parent.

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Utah Waiver of Right to Election by Spouse