Elective share

[Chuzzle]

What is the name of your state (only U.S. law)? Virginia

How much time is a spouse given to claim an elective share on a small, insolvent estate in Virginia? Does this elective share include real estate if there is a co-owner?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Virginia

How much time is a spouse given to claim an elective share on a small, insolvent estate in Virginia? Does this elective share include real estate if there is a co-owner?

What is considered part of the estate? How was the deed to the real estate worded? When did the decedent die?

 

[anteater]

How much time is a spouse given to claim an elective share on a small, insolvent estate in Virginia?

6 months from the later of 1) admission of the will to probate, or 2) qualification of an administrator for an intestate estate.

Does this elective share include real estate if there is a co-owner?

Virginia employs the concept of the augmented estate to determine the surviving spouse's elective share. That means that many non-probate assets are included.

The Virginia statutes are here:
http://law.justia.com/virginia/codes/toc6401000/toc6401000.html

Look in Chapter 1 - Descent and Distribution for the sections dealing with the augmented estate.

 

[Chuzzle]

What if the estate has been closed? Can the elective share still be claimed?

 

[justalayman]

chuzzle,

if this is related to the other 2 threads (at last count) you really need to keep them all together in one. You have a situation and you are not providing any of the pertinent info that would allow anybody to give you a proper and correct answer.