The Alabama Code provides that the surviving spouse of a deceased Alabama resident has the right to choose, or take an elective share, of the deceased spouse’s estate instead of the share in the deceased’s will. This is known as the elective share. The elective share is a percentage of the deceased spouse’s estate that the legislature created to protect surviving spouses from being wrongfully disinherited.
A spouse may sign away their his or her right to assert an elective share per a valid prenuptial agreement. However, an agreement to waive the right to an elective share made during the marriage is not a valid waiver.
What Constitutes the Elective Share
The law limits the right of the surviving spouse even when exercising the elective share. That elective share must be the smaller portion of either the entire estate of the deceased minus the value of the surviving spouse’s separate … Read More