In the Spotlight: Elective Share of Surviving Spouse

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.