Elective Share

In many jurisdictions, there is an important legal concept in probate law known as the elective share, which has previously been called a widow’s share or an election against the will. While a person may put together a will with specific property being given to their spouse, children, and other individuals, there are certain jurisdictions that promote a surviving spouse’s right to elect to receive a certain portion of the estate outright.

To learn more about how spouses are treated in Texas probate law, contact the Houston wills and trusts lawyers of Garg & Associates, P.C., at 281-362-2865 today.

Elective Shares in Practice

Elective shares were originally put in place in order to reserve portions of an estate for the surviving spouse in order to keep that individual out of poverty if their partner died. In this way, it served as a sort of guarantee, despite the testament of the deceased, that a certain amount of property would be left behind for the surviving spouse. Across America, the following may affect elective share statutes:

  • Shares are often permitted instead of property in a will
  • The share may increase the longer the couple was married
  • Some states include elective shares for children
  • Some states organize elective shares in the intestate succession

Although many states offer this option, Texas does not use this in an elective capacity.

Contact Us

The law regarding a spouse’s rights in terms of their deceased partner’s estate can be extremely confusing. Although the actual concept of an elective share is not used in Texas, the general idea of providing for a surviving spouse has certainly shaped the state’s laws. For more information regarding your estate plan, contact the Houston wills and trusts attorneys of Garg & Associates, P.C., today by calling 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.