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widow's election :: legal definition


Widow's election - n. the choice a widow makes between accepting what her husband left her in his will and what she would receive by the laws of succession. Example: the state law in which the husband died would give his widow one-half of his estate by the law of succession (the other half going to the children) if there were no will, but in his will the late husband left his widow only one-quarter of his estate. She can elect to take the one-half.

See also: community property descent and distribution succession will and Related Law Terms ↓


Related Law Terms

dower :: n. an old English common law right of a widow to o ... t and distribution widow's election
presumption :: n. a rule of law which permits a court to assume a ... resumption at all, but a certainty.

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waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
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widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband.
widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried.
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
will :: n. a written document which leaves the estate of t ... will and testament probate testator
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
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