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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.

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