Elective Share of Surviving Spouse / Election Against Will

HomeEstate & Trust LitigationElective Share of Surviving Spouse / Election Against Will

In Pennsylvania, a surviving spouse may choose between taking under the will of a deceased spouse or taking an elective share.  By taking an elective share, a spouse receives a one-third share of a pool of assets. However, the right for the surviving spouse to elect to take against the deceased spouse’s will may be waived by a valid pre-nuptial agreement or post-nuptial agreement.  The analysis of whether to elect against the will or to receive the gift provided in the will can be complicated and sound legal advice should be sought.

Learn More

CONTACT US (single pages)

Contact Us

Please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter