Wills provide for an orderly distribution of a deceased individual’s property. When a married person passes away, their estate assets often go to their spouse. But what happens if a couple is no longer living together? What if the surviving spouse is not even mentioned in the decedent’s Will? That’s where the Rhode Island Elective Share may provide some relief for a surviving spouse left out in the cold.
What Is the Rhode Island Elective Share?
The elective share is also called the “spousal share.” Essentially, a surviving spouse is entitled to a certain share of a deceased spouse’s estate even if the deceased spouse’s Will says otherwise.
The surviving spouse must exercise his or her elective share right by filing a written statement waiving the bequest contained in the deceased spouse’s Will. This must be done within six months of the appointment of the estate’s personal representative or other fiduciary.
Reasons the Elective Share Might Come into Play
Typically, a surviving spouse may inherit a large part of a deceased spouse’s estate. However, there are some instances where this does not happen. A surviving spouse might claim an elective share in the following situations:
- Intentional Disinheritance of a Spouse. Perhaps a couple have a particularly bad disagreement. It may look like they are heading for divorce. One person may rewrite his or her Will to leave the spouse a small amount or disinherit altogether.
- Failing to Update a Will. Occasionally a couple will marry but fail to name their new spouse as a beneficiary in their Will.
- Estrangement of Spouses. Spouses may live apart, but never bother to divorce. Legally, they may be able to inherit each other’s property.
However, receiving an elective share is not automatic.
Claiming an Elective Share
The surviving spouse must file a petition requesting an elective share and renouncing any bequest contained in the Will. This must be done within six months after a personal representative has been appointed for the estate.
Sometimes a deceased spouse may have owned property somewhere other than the city where the probate proceeding was filed. The surviving spouse will need to file a copy of the petition for elective share with the deed records where the property is located.
Learn More About the Rhode Island Elective Share
Elective share law is more complicated than it looks at first glance. Not all of a decedent’s property passes as part of the estate. Anyone wishing to request an elective share should consult with an attorney first.
At the Lambros Law Offices, our attorneys assist clients like you with estate planning and probate questions. Call us at 401-383-9899 or check out our website. Though our office is located in Cranston, we assist clients in surrounding communities like Warwick and Providence.
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