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.
This entry was posted in General News and tagged estate, surviving spouse. Bookmark the permalink.