Trusts and Succession - Election of Statutory Share - Nebraska Supreme Court Interprets Best Interests of Incompetent Surviving Spouse

Abstract

INTRODUCTION|Most jurisdictions have a statutory provision allowing a spouse a specified percentage of her husband's estate upon his death. If he leaves no will, she receives that statutory distributive share of his estate automatically. If his will provides for her, she is put to an election. She may take the property given her by will, or she may renounce the will and elect to take her statutory share. When the surviving spouse is mentally competent she may choose one or the other at whim. More difficult problems arise when she is incompetent, as under such circumstances she is not legally qualified to make the election. If a court is authorized to elect for her, some standards are necessary to guide the decision...