Which scenario illustrates the legal concept of elective share?

Which scenario illustrates the legal concept of elective share?

• A. Surviving spouse places a lien on a debtor's property.
• B. A widow who was excluded from a will makes a claim to a portion of the couple's principal residence.
• C. A spouse who loses her home because of her husband's gambling debt sues in court for exemption from the debt.
• D. A widower whose spouse died without a will sues to change the provisions of the will.

Answer: (B)

Elective share gives a surviving spouse the option to claim a statutory portion of the deceased spouse’s estate, even if the will disinherits them. The scenario where a widow who was excluded from a will makes a claim to a portion of the couple’s principal residence fits this concept because she is exercising that right to secure part of the estate despite the will’s terms. This protects the surviving spouse from being left with little or nothing. The other situations don’t illustrate elective share: one involves a surviving spouse acting as a creditor by placing a lien, another involves debt exemptions rather than inheritance rights, and the last concerns intestacy—changing provisions when there’s no will—rather than claiming a statutory share of an estate.

Elective share gives a surviving spouse the option to claim a statutory portion of the deceased spouse’s estate, even if the will disinherits them. The scenario where a widow who was excluded from a will makes a claim to a portion of the couple’s principal residence fits this concept because she is exercising that right to secure part of the estate despite the will’s terms. This protects the surviving spouse from being left with little or nothing.

The other situations don’t illustrate elective share: one involves a surviving spouse acting as a creditor by placing a lien, another involves debt exemptions rather than inheritance rights, and the last concerns intestacy—changing provisions when there’s no will—rather than claiming a statutory share of an estate.