Can a surviving spouse waive an elective share in Vermont?
Full Question:
My aunt is under my care. Her husband made a will in her favor before his death. Can she waive her rights in the will. She is mentally disabled. So can I do it on her behalf?
04/06/2017 |
Category: Wills and Estates |
State: Vermont |
#35254
Answer:
You can have a look at the relevant law in this regard below:
14 V.S.A. § 319
Waiver of will by surviving spouse
(a) A surviving spouse may waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the estate, after the payment of claims and expenses.
(b) The surviving spouse must be living at the time this election is made. If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so.
