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Topic: Elective share

	Democracy - Wikipedia, the free encyclopedia
		For instance, in many western democracies, value judgments on abortion are not shared to the degree necessary for long-term political legitimacy.
		Modern definitions of the term 'republic,' however, refer to any state with an elective head of state serving for a limited term, in contrast to contemporary hereditary monarchies which are representative democracies and constitutional monarchies adhering to parliamentarism.
		Bipartidism occurs when power is shared only by two parties, alternating the roles of governing and opposition.
	en.wikipedia.org /wiki/Democracy (6253 words)

	NELN.org--Spousal Elective Share, Aging, Elder Law Research, Legal, Financial, Social, Economic Issues, Kansas Elder ... (Site not responding. Last check: 2007-10-21)
		The surviving spouse is granted the right to take an elective share in the amount of 1/3 of the augmented estate of the deceased provided that the surviving spouse and the deceased were not living apart at the time of death of the deceased.
		The right to the elective share is personal to the surviving spouse and shall be exercised in writing within 6 months of the death of the deceased or the date of probate, whichever is later.
		Such elective share is personal to the surviving spouse and must be elected in writing within 9 months of death of the decedent or within 6 months of the estate probate date, whichever is later.
	www.neln.org /bibs/barnes.html (6955 words)

	Internal Revenue Bulletin - April 18, 2005 - Rev. Proc. 2005-24
		Elective share statutes provide S the right to elect to receive a statutory share of G’s estate, regardless of whether G made any bequests to S.
		For purposes of this revenue procedure, S’s statutory share of G’s estate will be referred to as an “elective share” and the right to elect to receive an elective share will be referred to as a “right of election”, regardless of what terms different jurisdictions may use to describe these concepts.
		In states that have adopted the elective share provisions of the UPC, S has the right of election to take a percentage (generally determined by the duration of the marriage, but subject to a minimum dollar amount in some cases) of the “augmented estate”; provided that certain requirements are met.
	www.irs.gov /irb/2005-16_IRB/ar11.html (1636 words)

	Florida Elective Share Law (Site not responding. Last check: 2007-10-21)
		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.
		By utilizing an elective share trust which provides an income interest to a surviving spouse and/or a power to invade the corpus of the trust for the health, support or maintenance of the surviving spouse, the decedent can maintain control over the remainder interest, while receiving credit against satisfying the elective share.
		To limit an elective share estate, the most advantageous insurance policy would be a term life policy as there is no cash surrender value and therefore the funds payable from the policy would not be included in the elective estate.
	www.rutherfordmulhall.com /elective.htm (1685 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)

	Estate of H. and M. Amundson, 2001 SD 18 (Site not responding. Last check: 2007-10-21)
		The court held the trust failed to defeat the spouse's share because it was executed in contemplation of impending death for the sole purpose of defeating her husband's statutory rights to her assets as a surviving spouse.
		The court returned the assets to the wife's estate to be subject to the elective share petition of the surviving husband.
		The augmented estate approach of the revised UPC remedied the problem under the old forced share laws where the elective share could be easily circumvented by using inter vivos transfers.
	www.sdbar.org /opinions/2001/February/2001_018.htm (4379 words)

	Untitled Document (Site not responding. Last check: 2007-10-21)
		In Minnesota the elective share is calculated by multiplying the ³elective-share percentage² by the ³augmented estate.²7 The elective share percentage is a sliding scale based on the length of the marriage.8 The longer the marriage the greater the elective share percentage and thus generally, the greater the amount passing to the surviving spouse.
		That is, in Minnesota, the elective share percentage that is applied to the augmented estate to obtain the surviving spouse¹s elective share amount is based on the length of the marriage.
		The surviving spouse will receive an elective share regardless of his or her level of wealth and regardless of whether or not it is needed for his or her continued support.
	www.parlaw.com /pubs/forsberg.htm (3023 words)

	[No title]
		For example, grand-children receive shares in the share a child/parent would have received if the child had sur-vived his or her parent (grand-parent to the surviving grand-children).
		The estate that is available for probate is augmented for determining the estate from which the elective share is taken by adding those assets that were transferred to others during life or as nonprobate transfers that otherwise would not be a part of the probate estate.
		In UAIWDT the elective share is increased for long-term marriages to simulate the entitlements that a spouse might have in a marital property jurisdiction.
	www.nccusl.org /nccusl/uniformact_summaries/uniformacts-s-uaoiwadt.asp (2360 words)

	ELECTIVE SHARE OF SURVIVING SPOUSE (Site not responding. Last check: 2007-10-21)
		Any pension, profit sharing, stock bonus, deferred compensation, disability, death benefit or other plan established by an employer for the benefit of its employees and their beneficiaries, exclusive of the Federal social security system and railroad retirement system, by reason of services performed or disabilities incurred by the decedent.
		The balance of the elective share shall then be charged separately against each conveyance subject to the election, the passing of property by will to be treated as a conveyance for this purpose, but the spouse shall have no right to share in any particular item of property within each conveyance.
		Property in the nonelective share shall be distributed among the beneficiaries of each conveyance in accordance with the rules of abatement or by analogy thereto.
	members.aol.com /DKM1/20.Cp.22.html (1792 words)

	Statutes & Constitution :View Statutes : flsenate.gov
		In the case of transfers in satisfaction of the elective share, the date of the decedent's death.
		The share of the estate that is assigned to the pretermitted spouse shall be obtained in accordance with s.
		The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s.
	www.flsenate.gov /statutes/index.cfm?p=2&App_mode=Display_Statute&URL=Ch0732/ch0732.htm (10778 words)

	Gallagher v. Evert (Site not responding. Last check: 2007-10-21)
		Evert’s estate should be entitled to the benefits of an elective share simply because the surviving spouse made the election during her lifetime.” The circuit court found the result unjust, as well as absurd, and placed particular significance on the fact that Wife received over $219,000 in non-probate assets.
		Significantly, Pennsylvania, Florida, and Nebraska’s elective share statutes are similar to our elective share statute in that the right of election may be exercised only during the lifetime of the surviving spouse. Furthermore, none of these states’ statutes indicates an intent to provide for the needs of the surviving spouse only during her lifetime.
		When the elective share statute was enacted in 1987, South Carolina’s common law did not require a spouse to devise any of her property to a surviving spouse. Thus, S.C. Code Ann.
	www.law.sc.edu /ctapp/3573.htm (1482 words)

	July 2000 NY Bar Exam Questions & Sample Answers
		Once the net elective share is calculated, the electing spouse must subtract any amounts given to her under the will and any testamentary substitutes she will receive.
		This final amount is what the spouse will take under her elective share, and all other takers under the will contribute proportionately from their bequests to satisfy this amount.
		Tess' elective share is $175,000, which she will take pro rata from the other beneficiaries, plus the $75,000 gift, the $50,000 totten trust and the $50,000 life insurance policy.
	www.nylawyer.com /exam/qa/700barqa2.html (1642 words)

	How Florida's New Elective Share Law Could Impact Your Estate Plan (Site not responding. Last check: 2007-10-21)
		Elective share statutes were enacted years ago to prevent widows and young children from being left penniless after the death of a husband, who was usually the only breadwinner in the family.
		Today, Florida’s recently updated elective share laws are used to prevent surviving spouses from being completely disinherited; they also give a spouse the option of claiming additional assets in the decedent’s estate if the survivor was given a relatively small percentage of the estate.
		In any situation, the elective share is not automatic and the right to an elective share must be exercised by the timely filing of an election with the court.
	www.comerica.com /cma/cda/main/0,00,2_A_1780,00.html (975 words)

	Standard Federal Tax Reports: Widow taxed on estate's payments for elective share (Site not responding. Last check: 2007-10-21)
		In her case, the elective share amounted to a one-third portion of the estate remaining after the payment of debts and expenses of administration.
		The executor also argued that the payments satisfying the widow's elective share were not distributions taxable to the beneficiary because the elective share is a state law interest not subject to the estate income distribution provisions.
		In that case, the Tax Court held that the Florida elective share is not subject to any of the provisions in Subchapter J of the Code, which deals with the taxation of income of estates and trusts and their beneficiaries, as well as income in respect of a decedent.
	www.findarticles.com /p/articles/mi_qa3639/is_199811/ai_n8812694 (746 words)

	Workshop on Defining the Family
		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.
		As long as the elective share is an outright transfer to the surviving spouse out of the assets of the predeceased spouse, it will qualify for the federal estate tax marital deduction.
		Currently, in a majority of states, the surviving spouse’s elective share rights survive incompetency and are exercisable by a fiduciary on behalf of the surviving spouse (e.g., guardian, conservator) See, e.g., UPC § 2-212(b).
	www.aals.org /profdev/family/hess.html (2000 words)

	Oregon Judicial Department - Publications
		EDMONDS, P. The declaration that Diana Sheldon is not entitled to an elective share is reversed and remanded to enter a declaration that she is entitled to an elective share; otherwise affirmed on appeal and cross-appeal.
		She argues that the evidence does not support the trial court's finding that she had waived her elective share and, further, that denying her election would be against public policy.
		The declaration that Diana Sheldon is not entitled to an elective share is reversed and remanded to enter a declaration that she is entitled to an elective share; otherwise affirmed on appeal and cross-appeal.
	www.publications.ojd.state.or.us /A102979.htm (3519 words)

	Estate of Karnen, 2000 SD 32 (Site not responding. Last check: 2007-10-21)
		Applying these sources to the elective share amount, the court determined that the elective share was overfunded by $71,361, and the petition was denied.
		The goal of our elective share statutes is to protect a surviving spouse from disinheritance, rather than reward him or her for contributions made to the economic partnership of an enduring marriage.
		He further argues that the purpose of the elective share statutes ("to provide relief and equalization between spouses") is unrelated to the purpose of the Inheritance Tax Table (to collect inheritance tax), therefore it cannot be used to compute the value of the life interest for elective share purposes.
	www.sdbar.org /opinions/2000/March/2000_032.htm (5568 words)

	Mice, Men and the Spousal Elective Share
		There is. It is the “spousal elective share” statute, which gives the surviving spouse a percentage of the decedent’s “augmented estate,” which includes non-probate transfers to others.
		If he does die first, his wife will be entitled to her elective share of his augmented estate.
		They should (a) engage a lawyer, (b) execute wills, (c) execute an agreement waiving their spousal elective share, and (d) assume that he may or may not predecease his wife.
	www.usd.edu /elderlaw/elderlaw_columns/financialmatters/mice_men_and_the_spousal_elective_share.htm (329 words)

	February 1996 NY Bar Exam Questions & Sample Answers
		The elective share statute provides that a spouse is entitled to $50,000 or one-third of the deceased spouse's estate, whichever is greater.
		If the outright dispositions provide some but not all of the elective share amount, then she is entitled to take a limited elective.
		The additional $100,000 will be contributed pro rata by the other beneficiarht pursuant to the elective share is subject to the marital deduction because it will be includable in Win's gross estate to the extent not consumed or disposed of.
	www.nylawyer.com /exam/qa/296barqa5.html (1350 words)

	Law Reporter: Premarital agreement did not constitute waiver of surviving spouse's elective share
		The husband later died, and the wife sought a determination of her right to an elective share of his augmented estate.
		The goal of an elective share is to protect the surviving spouse from deprivation or destitution by disinheritance.
		Accordingly, the court remanded for a determination of the wife's elective share of the augmented estate.
	www.findarticles.com /p/articles/mi_qa3898/is_199809/ai_n8820809 (580 words)

	Divorce Source: DEATH BEFORE DIVORCE AND EQUITABLE DISTRIBUTION
		Since pending divorce action terminated because of husband's death, wife had right to elective share of husband's estate; fact that wife would receive more property by electing against will than she would have received in divorce action did not mean that election statute violated equal protection.
		If the divorce proceedings had been completed, they pointed out, the wife would have received much less than her elective share in probate proceedings, because as a subsequent wife, her contribution to the property in the husband's estate was minimal.
		The Arkansas Supreme Court upheld the constitutionality of the elective share statute.
	www.divorcesource.com /research/edj/death/94nov130.shtml (1200 words)

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