The Probate attorneys with Nay & Friedenberg explain probate law.
The spousal elective share is meant to protect the surviving spouse from being disinherited.
If a spouse has been left out of the will, he or she can go to court to ask for part of the estate. Currently, that amount is equal to 25% of the value of the probate estate. However, in a prenuptial agreement, spouses can agree not to leave anything to each other. In that case, the surviving spouse could not ask for the spousal elective share amount.
NOTE: Oregon has a new spousal elective share law that will take effect on January 1, 2011. It changes the definition of the estate and changes the percentage to which the surviving spouse is entitled based on years of marriage.
If you feel the spousal elective share law affects you - Contact the Probate lawyers at the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894 to set an appointment.