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First, no 1L responses please.

If the spouse of T is left out of the will, does it matter if she decides to claim her elective share or can she take whatever the UPC's pretermitted spouse section (assuming the state has enacted the UPC)? Can she do whatever will get her the most money. Basically I'm just confused as to when to apply the elective share, or if you can apply the elective share when a spouse is left out of the will.

Thanks.

24secure wrote:First, no 1L responses please.

If the spouse of T is left out of the will, does it matter if she decides to claim her elective share or can she take whatever the UPC's pretermitted spouse section (assuming the state has enacted the UPC)? Can she do whatever will get her the most money. Basically I'm just confused as to when to apply the elective share, or if you can apply the elective share when a spouse is left out of the will.

Thanks.

2L, currently in Trusts and Estates. It's my understanding the elective share is always an option that the surviving spouse can elect to have applied. She can look at a pretermitted spouse statute, what's in the will or what the elective share would be and decide which will get her the most money.

That's what I was thinking. Thanks for helping me out.