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Topic: Elective rights

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	Florida Elective Share Law (Site not responding. Last check: 2007-10-10)
		Under Florida’s elective share law, the surviving spouse has historically had the option of either: (i) accepting what was provided to him or her pursuant to the decedent’s will; or (ii) electing to take 30% of the decedent’s probate estate property.
		Although the new elective share law maintains the same right to elect against 30% of the decedent’s property, the law significantly expands what property is considered in calculating the 30% election.
		A waiver of the elective share rights executed prior to the October 1, 1999 effective date of the statute and in compliance with Florida Statute 732.702 constitutes a waiver of all elective share rights under the new statute as well.
	www.rutherfordmulhall.com /elective.htm (1685 words)

	Workshop on Defining the Family
		Common law rights that were life estates in all (curtesy) or one-third (dower) of the real estate that the predeceased spouse had acquired during the marriage.
		Curtesy was the right of a surviving husband; dower was the right of a surviving wife.
		The UPC provision governing satisfaction of the elective share requires that the surviving spouse’s own assets and any transfers to the survivor passing under the predeceased spouse’s will or by intestacy from the predeceased spouse’s estate be counted first.
	www.aals.org /profdev/family/hess.html (2000 words)

	Elective rights - Wikipedia, the free encyclopedia
		Two central issues for democracies are the right to candidate, and suffrage or the franchise—that is, the decision as to who is entitled to vote.
		In the United States of America, restrictions on the right to vote due to property ownership or lack thereof, and in some places literacy, were common until the Voting Rights Act of 1965.
		Today all but a few states deny the right to vote to those who have been convicted of a felony at any point in their past (voting rights are, in some cases, restored via executive (on the state or federal level) pardon).
	en.wikipedia.org /wiki/Elective_rights (726 words)

	PETITION -- HOUSE (Site not responding. Last check: 2007-10-10)
		The amount included is the value of the fraction of the property to which the decedent's right related, to the extent the fraction of the property passed outside probate to or for the benefit of any person other than the decedent's estate or surviving spouse.
		Each payment of cash in satisfaction of the elective share amount shall bear interest from the date of the decedent's death, at the rate provided for pecuniary legacies under section 20 of chapter 197 as it may be from time to time amended, or any successor section.
		The elective share rights of a surviving spouse under this chapter shall not be construed as imposing a lien or other encumbrance on any personal property included in the elective estate.
	www.mass.gov /legis/bills/house/ht00/ht00739.htm (3887 words)

	Workers Compensation Board of Manitoba - Elective Rights
		If the worker decides to claim compensation, the right to action against the third party is vested in the WCB; and if the WCB pursues that option and as a result recovers more than the total compensation paid or payable to the claimant, the excess, after legal and administrative costs, is awarded to the claimant.
		If the WCB recovers less than the compensation paid or payable to the claimant, the claimant is still entitled to the level of benefits and services he or she would have been entitled to had there been no third party involvement.
		Where a worker has a right of action, yet elects to claim compensation under the provisions of the Act, the worker cannot withdraw the compensation claim at any time after the claim has been approved without the approval of the WCB.
	www.wcb.mb.ca /about_wcb/policy_manual/s20_board_corp_admin/legal/22-10_elective_rights.html (369 words)

	Spousal Elective Share
		Per KEESM 2124, medical assistance applicants and recipients are expected to fully pursue spousal elective share rights upon the death of a spouse as a potential resource.
		If the applicant/recipient spouse indicates there is no spousal elective share due to a waiver or disclaimer of rights to some or all of the assets (due to a transferred on death deed, for example), the case shall be referred to EES Policy.
		If it is ultimately determined that rights to the spousal elective share were forfeited, this shall be viewed as a waiver of inheritance and, per KEESM 5722(2), the situation evaluated for a possible transfer of property.
	www.srskansas.org /KEESM/Policy_Memo/02_12_03.htm (813 words)

	81008 -- In re Estate of Antonopoulos -- Lockett -- Kansas Supreme Court (Site not responding. Last check: 2007-10-10)
		John argued that his rights as joint tenant vested prior to the effective date of the elective share provisions, and, therefore, those rights cannot be impaired by the Act.
		Although John's ownership rights in the property vested at the deed of conveyance, his right of survivorship to the whole property was not an "irrevocably accrued right" until Nick's death.
		Second, the elective share of the surviving spouse is determined by a sliding scale based on the length of the marriage.
	www.kscourts.org /kscases/supct/1999/19991112/81008.htm (4843 words)

	AskPhilosophers.org
		My acceptance of human rights to basic levels of education and medical care commits me to judging such a society to be seriously unjust and to the view that this judgment is widely shareable across cultures.
		My acceptance of human rights to basic levels of education and medical care commits me to judging such IMF conduct to be seriously wrong and to the view that this judgment is widely shareable across cultures.
		Claim rights may be opposed to "rights of non-interference"--that is, rights to be free from restrictions or harms imposed by others, either states or other individuals.
	www.amherst.edu /askphilosophers/question/641 (1565 words)

	Furman: Woman's Rights Petition (1854)
		Resolved, That as acquiring property by all just and laudable means, and the holding and devising of the same is a human right, women married and single are entitled to this right, and all the usages or laws which withhold it from them are manifestly unjust.
		We, therefore, respectfully demand of our Legislature that, at least, the right of such trial by jury be accorded to women equally with men - that women be eligible to the jury-box, whenever one of their own sex is arraign at the bar.
		Resolved, That it is the highest duty of legislators impartially to investigate all claims for the redress of wrong, and alter and amend such laws as prevent the administration of justice and equal rights to all.
	www.furman.edu /~benson/docs/w-rights1.htm (352 words)

	Wiley Pragmatism and Democracy
		The rights of gays are being argued from a more complex base, which often includes some crediting of biological influences on sexual orientation.
		The universalization of legal rights, which pragmatism led to, was a cluster of regulative rules.
		Elective affinity works at the supra-personal levels of the society and the culture.
	www.unlv.edu /centers/cdclv/pragmatism/wiley_pragma_demo.html (6881 words)

	Hawaii Supreme Court Case No. 14830 (Site not responding. Last check: 2007-10-10)
		The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance, exempt property and family allowance, of any of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving after fair disclosure.
		Generally, waiver is defined as an intentional relinquishment of a known right, a voluntary relinquishment of rights, and the relinquishment or refusal to use a right.
		To constitute a waiver, there must have existed a right claimed to have been waived and the waiving party must have had knowledge, actual or constructive, of the existence of such a right at the time of the purported waiver.
	www.hsba.org /htdocs/hsba/Legal_Research/Hawaii/members/sc/14830.HTM (1244 words)

	Graduate Studies : Birzeit University : Palestine
		An analytical study of the main elements of democratic systems: the basic concepts, theoretical assumptions and concepts, forms and institutions of democracy, the relation between liberalism, democracy and the concept of citizenship, civil rights of individuals and groups, means of safeguarding those rights and the measures taken to grant rights for all citizens.
		The course will also discuss concepts related to the cultural specificity versus the universal character of human rights, the right to life, the outlawing of torture, racial discrimination, religious intolerance, freedom of expression, protection of the rights of minorities, emergency laws, and social and economic rights.
		Subjects dealt with include: the legal bases for the protection of human rights, the role of the UN and other international agencies, NGOs, the relation between public opinion and the protection of human rights, the role of political parties, the press, and mass movements.
	www.birzeit.edu /academics/faculties/democracy-human-rights (2004 words)

	AN ACT CONCERNING THE ELECTIVE SHARE OF A SURVIVING SPOUSE OF A DECEDENT.
		The supplemental elective share amount is payable from the decedent's probate estate and from recipients of the decedent's nonprobate transfers to others in the order of priority set forth in subsections (b) and (c) of section 3 of this act.
		For the purposes of this subdivision, "applicable percentage" means twice the elective share percentage set forth in the schedule in subsection (a) of section 1 of this act appropriate to the length of time the spouse and the decedent were married to each other.
		To provide for a statutory elective share of a decedent's estate to be taken by the surviving spouse of the decedent.
	www.cga.ct.gov /2005/tob/h/2005HB-06889-R00-HB.htm (3036 words)

	Florida Wills Attorney Broward County Will Lawyer Miami Dade Wills Law Firm Broward Florida Wills and Probate Estate ... (Site not responding. Last check: 2007-10-10)
		In the application of this subsection, a right to payments under a commercial or private annuity, an annuity trust, a unitrust, or a similar arrangement shall be treated as a right to that portion of the income of the property necessary to equal the annuity, unitrust, or other payment.
		The decedent had a contingent right to receive principal, other than at the discretion of any person, which contingency was beyond the control of the decedent and which had not in fact occurred at the decedent's death.
		A "termination" with respect to a right or interest in property occurs when the decedent transfers or relinquishes the right or interest, and, with respect to a power over property, a termination occurs when the power terminates by exercise, release, lapse, default, or otherwise.
	publish.pdesigner.com /estateplanning/Florida-Wills-Law.jsp (12884 words)

	More Perfect: Creating a More Perfect Union - A Wiki For Politics And Policy - Washington State Constitution
		The right of adults to engage in private, consensual, sexual relationships shall not be abridged.
		The right of petition and of the people peaceably to assemble for the common good shall never be abridged.
		The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.
	www.moreperfect.org /wiki/index.php?title=Washington_State_Constitution (9654 words)

	Nelson & Levine, P.A. - Litigation in the Joe Robbie Estate Illustrates Elective Share/Revocable Trust Traps
		F.S. §732.211 states that if a spouse files for an elective share, the remaining assets of the estate, after payment of the elective share, shall be distributed as though the surviving spouse had predeceased the decedent.
		Thus, the Harper case is at least persuasive authority for the position that the filing for an elective share by a surviving spouse under Florida law should not result in forfeiture of rights under a revocable inter vivos trust which receives assets from the probate estate.
		It should be noted that the effect of filing an elective share in the Robbie case would essentially result in accelerating the payment (not creating the payment) of estate taxes that otherwise would be deferred until Elizabeth Robbie died since assets of a QTIP trust are includable in the estate of the surviving spouse.
	www.estatetaxlawyers.com /articles/Intro-JoeRobbieLitigation.html (2574 words)

	Spouses' Elective Share Rights - Feld Law Offices--Elder Law in Broward, Florida.
		ONE OF THE major changes enacted by the Florida Legislature that can significantly effect seniors and their families was a complete overhaul of Florida's elective share statute, the automatic right of a surviving spouse to share 30 percent in the estate of a deceased spouse (Florida Statutes Section 732.201 et al.).
		Under the old elective share statute, the surviving spouse could only "elect" or take a share of the assets of the loved one's estate that was subject to probate.
		The changes in the elective shares statute, effective for loved ones dying after October 1, 2002, are intended to make it more meaningful, not so easily circumvented, and more in line with how we treat couples who are divorcing.
	www.florida-elderlaw.com /Articles/Spouses_Rights.htm (724 words)

	Husband funds a living trust with all his property. What rights does wife have against such a trust upon husband's ... (Site not responding. Last check: 2007-10-10)
		Presuming that the joint property is joint with rights of survivorship or entireties property, wife's participation would be necessary to transfer that property to the trust.
		A surviving spouse is entitled to homestead, exempt property and family allowance under MCL 700.2402, 700.2403 and 700.2404.
		The augmented estate, which includes trust property in the property a spouse may exercise elective rights to, was not enacted in Michigan.
	courts.co.calhoun.mi.us /epic0356.htm (318 words)

	[No title] (Site not responding. Last check: 2007-10-10)
		The rights of gays are being argued from a more complex base, which often includes some crediting of biological determination.
		Pragmatism and Equality: The Elective Affinity Argument The previous section was narrative, which means the argument diffused throughout the text.
		Conclusion The major conclusion is the central idea of the paper, that pragmatism enabled and justified the universalization of civil rights in the United States.
	sun.soci.niu.edu /~sssi/papers/wiley-prag.doc (5649 words)

	Jefferson on Politics & Government: Elective Government
		If things are not going right, they can throw one set of interests out and elect another that promises a revision of the course that government has taken.
		"Elective government [is] calculated to promote [my fellow citizens'] happiness, peculiarly adapted to their genius, habits, and situation, and the best permanent corrective of the errors or abuses of those entrusted with power." --Thomas Jefferson: Reply to Address, 1801.
		"A jealous care of the right of election by the people--a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided--I deem [one of] the essential principles of our Government, and consequently [one of] those which ought to shape its administration." --Thomas Jefferson: 1st Inaugural, 1801.
	etext.lib.virginia.edu /jefferson/quotations/jeff1100.htm (2834 words)

	Favorite Jefferson Quotes
		Let the National Government be entrusted with the defense of the nation and its foreign and federal relations; the State governments with the civil rights, laws, police, and administration of what concerns the State generally; the counties with the local concerns of the counties, and each ward direct the interests within itself.
		"[If] it [were] assumed that the general government has a right to exercise all powers which may be for the 'general welfare,' that [would include] all the legitimate powers of government, since no government has a legitimate right to do what is not for the welfare of the governed." --Thomas Jefferson to George Washington, 1792.
		"A jealous care of the right of election by the people--a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided--I deem [one of] the essential principles of our Government." --Thomas Jefferson: 1st Inaugural, 1801.
	etext.lib.virginia.edu /jefferson/quotations/jeff4.htm (3590 words)

	ARTICLE VI
		The legislative authority shall enact laws defining the manner of ascertaining the qualifications of voters as to their ability to read and speak the English language, and providing for punishment of persons voting or registering in violation of the provision of this section.
		The legislature shall enact laws defining the manner of ascertaining the qualifications of voters as to their ability to read and speak the English language, and providing for punishment of persons voting or registering in violation of the provisions of this section.
		All persons convicted of infamous crime unless restored to their civil rights and all persons while they are judicially declared mentally incompetent are excluded from the elective franchise.
	www.homestead.com /friendsofrainier/files/ARTICLE_VI.htm (250 words)

	Maryland Estate Planning \| Spousal Election
		The law pronounces this to be a fraud on the marital rights of Mrs.
		Thus, we hold that, where a spouse seeks to avoid payment of the elective share by creating a trust over which he or she exercises substantial control, the trust may be declared invalid as illusory, and the trust assets may be included in the decedent's estate for the calculation of the elective share."
		"The right of election of the surviving spouse may be waived before or after marriage by a written contract, agreement, or waiver signed by the party waiving the right of election.
	www.fredfranke.com /lecture17.htm (3155 words)

	Washington State Constitution
		All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
		The judge of any superior court may hold a superior court in any county at the request of the judge of the superior court thereof, and upon the request of the governor it shall be his or her duty to do so.
		The supreme court may not suspend, remove, or retire a judge or justice until the commission, after notice and hearing, recommends that action be taken, and the supreme court conducts a hearing, after notice, to review commission proceedings and findings against the judge or justice.
	www1.leg.wa.gov /LawsAndAgencyRules/Constitution.htm (11133 words)

	Estate Planning \| Disinheriting a Spouse
		This means that the surviving spouse can demand a portion of the estate (normally one-third to one-half) and by law, regardless of what is stated in the will, the surviving spouse will receive that amount.
		A spouse remains a spouse and retains elective share rights until the decree of divorce is final, unless the elective share rights are waived in a marital settlement agreement.
		One solution to this problem is for the couple to agree before marriage in a prenuptial agreement that they each waive their rights to receive anything from the other's estate.
	militaryfinance.umuc.edu /estate/estateplan_spouse.html (211 words)

	Florida Probate Litigation: Florida’s Expanded Elective Share Rights Limited to Persons Dying after October 1, 2001 (Site not responding. Last check: 2007-10-10)
		Heid’s surviving wife, Blanche A. Heid, sought to enforce her elective share rights against a trust holding real and personal property that had benefitted her predeceased husband.
		Circuit Court Judge Charles M. Holcomb dismissed the complaint with prejudice for failure to state a cause of action.
		Noting that 2004->Ch0732->Section%202155#0732.2155">Section 732.2155(1) explicitly limits Florida’s expanded elective share rights to decedents dying on or after October 1, 2001, the 5th DCA affirmed the trial court’s dismissal with prejudice.
	www.flprobatelitigation.com /32-print.html (147 words)

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