Are elective share elections allowed for pre-marriage, post-marriage, both, or neither?

Are elective share elections allowed for pre-marriage, post-marriage, both, or neither?

• A. Pre-marriage only
• B. Pre or post marriage: both allowed
• C. Post-marriage only
• D. Neither

Answer: (B)

Elective share rights belong to a surviving spouse as a statutory entitlement to a portion of the estate, and this right exists regardless of when the will was drafted relative to the marriage. So a surviving spouse can elect the elective share whether the decedent’s will was made before the marriage or after the marriage. This protection applies to disinheritance attempts unless the surviving spouse signed a valid waiver in a prenuptial or postnuptial agreement. In short, both pre-marriage and post-marriage wills can trigger an elective share.

Elective share rights belong to a surviving spouse as a statutory entitlement to a portion of the estate, and this right exists regardless of when the will was drafted relative to the marriage. So a surviving spouse can elect the elective share whether the decedent’s will was made before the marriage or after the marriage. This protection applies to disinheritance attempts unless the surviving spouse signed a valid waiver in a prenuptial or postnuptial agreement. In short, both pre-marriage and post-marriage wills can trigger an elective share.