Faith, Ledyard & Faith, PLC
COVID-19 NOTIFICATION: To protect your safety and the safety of our staff, in response to the threat of COVID-19, we are offering the option to connect with us via telephone, email and video-conferencing. Our staff are fully operational. Please call or email us to discuss your options.
A Full-Service Law Firm Serving the West Valley and Greater Phoenix for More Than 40 Years
PA Image
Real Estate Law
PA Image
Personal Injury
PA Image
Civil Litigation
Construction Law
PA Image
PA Image
Employment Law
PA Image
Estate Planning
PA Image
Debt Collection
PA Image
Government Law
PA Image
Criminal Defense
PA Image
Business And
Commercial Law
PA Image
En Español

Understanding elective shares

| Sep 5, 2018 | Wills |

When two people are married, they have certain rights to inherit assets after one person passes away. This is because they are dependent on each other financially during the marriage, and therefore, the law has been designed and developed in order to protect the surviving spouse and help him or her to live to a similar standard going forward.

The right to request a portion of a deceased spouse’s estate is known as asking for a spousal elective share. The only reason why a surviving spouse may not be eligible for an elective share is in the event of them signing a prenuptial or postnuptial agreement that disregards the applicability of elective shares. If you want to request a portion of your deceased spouse’s estate as a surviving spouse in the state of Arizona, it is important to understand certain aspects of the law.

There is a time limit for elective share requests

It is important that you do not delay in requesting an elective share of an estate. There are certain time limits in place in every state that can mean that your request will no longer be considered after a certain amount of time has passed.

You can appeal an elective share denial in the state of Arizona

If your request for an elective share of your parent’s or spouse’s estate has been denied, you may be able to contest this outcome by taking the issue to court. As immediate family, you have a reasonable chance of being successful.

If you are struggling to gain an inheritance from your deceased parent or spouse in the state of Arizona, it is important that you take action as soon as possible.

Lead Counsel Rated LC
Certified specialist | State bar of Arizona | Real Estate | Law Specialist
Distinguished AV | Peer Review Rated | LexisNexis Martindale-Hubbell | For Ethical Standards & Legal Ability
Martindale Hubbell AV Preeminent peer rated for highest level of professional Excellence 2020
Expertise Best Real Estate Layers in Phoenix 2020


FindLaw Network

Stay Connected With Us