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Washington D.C. Elective Share Calculation Method
Surviving Spouse Rights
This article outlines how elective shares work in Washington D.C., focusing on calculation methods, eligibility, filing procedures, and practical examples under local estate law.
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1. Washington D.C. Elective Share Calculation Method: Legal Overview
Elective share laws in D.C. allow surviving spouses to claim a statutory portion of the deceased’s estate, regardless of the will’s contents.
Washington D.C. Elective Share Calculation Method: Who Qualifies?<
Only legally recognized surviving spouses are entitled to an elective share under D.C. law. Children and parents are not eligible claimants.
Washington D.C. Elective Share Calculation Method: How It’s Calculated
The elective share equals the greater of $15,000 or one-third of the net estate, including both probate and qualifying non-probate assets.
2. Washington D.C. Elective Share Calculation Method: What Counts as the Estate?
To calculate the elective share, certain transfers and estate components must be included under the D.C. Code.
Washington D.C. Elective Share Calculation Method: Assets Included
The elective share includes:
- - Probate assets
- Revocable trusts
- Transfers within one year of death made without full compensation
Washington D.C. Elective Share Calculation Method: What’s Not Counted?
Property owned solely by the decedent with a named beneficiary outside of the estate, such as IRAs or life insurance with designated beneficiaries, is typically excluded.
3. Washington D.C. Elective Share Calculation Method: How to File a Claim
Spouses must file their elective share claim within specific deadlines and follow a strict process.
Washington D.C. Elective Share Calculation Method: Deadline and Procedure
The claim must be filed within 6 months of the appointment of a personal representative, and no later than 9 months after death.
Washington D.C. Elective Share Calculation Method: Required Documents
- - Death certificate
- Marriage certificate
- Probate inventory and court filings
- Evidence of lifetime gifts
4. Washington D.C. Elective Share Calculation Method: Legal Strategy and Disputes
Elective share claims can lead to litigation, especially when lifetime transfers or trusts are involved.
Washington D.C. Elective Share Calculation Method: Common Disputes
- - Surviving spouse is disinherited through a trust
- Lifetime gifts reduced the estate below elective share threshold
- Executors deny inclusion of certain property
Washington D.C. Elective Share Calculation Method: Practical Example
A husband leaves everything to his children through a revocable trust. His wife challenges the arrangement, asserting her elective share.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
