A surviving spouse can claim an elective share, typically one-third to one-half of the estate, even if the will leaves them nothing. Almost every state has this law, though Georgia offers only limited protection. Jerry Taylor explains how this nationwide principle works.
The question above is, how do I get my fair share from my husband if he dies first and wants to leave everything to his kids? In other words, how do I keep my husband from disinheriting me? And the answer is this: almost every state in this country has good law that prevents a person from being disinherited by their spouse. This law is called the elective share, and this law applies in almost every state in this country other than the ones that have community property laws. Georgia is the only state in this country, to my knowledge, that does not have elective share law, nor do they have community property laws. Though Georgia does have some law that prevents the surviving spouse from being totally disinherited. Elective share law provides that a surviving spouse can take what's been given to them in a will or a trust, or they can choose to take their elective share, which in most states is 1/3 to 1/2 of the estate. For more, go to my Linktree for my newsletter and also to work with me.
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