A spouse is entitled to what’s called an “elective share” which is the greater of $50,000.00 or one-third (1/3) of the Estate. That means a spouse cannot be disinherited. As such, if a Will disinherits a spouse, that spouse can file a spousal right of election within six months after an executor is appointed.
The Levin Law Group can assist in filing a spousal right of election and if necessary, challenging the validity of the Will altogether.
If you are a beneficiary of an estate and believe your rights are not being properly protected by the Administrator or Executor of an Estate, we can assist. If you received a Waiver of Citation for an Administration or Probate proceeding, Contact Us prior to signing it and waiving your rights. We will review the waiver, the circumstances of each particular case and advise on the best course of action.
What we do for Beneficiaries
The Levin Law Group provides numerous services for beneficiaries. Below is a non-exhaustive list of some services we provide:
- Appoint you as an Administrator or Executor of an Estate.
- Oversee proceedings of an Administrator or Executor to make sure your rights are protected and that you receive your legal portion of the estate.
- Challenge the appointment of an Administrator.
- Challenge the admission of a Will into Probate.
- Remove an Administrator or Executor who is not doing his or her job.
- Kinship Hearings to prove your legal rights to inherit.
- File an Elective Share for a spouse.