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Money and Finances
Reply to "Remarried -- how best to structure my will/trust for my adult children."
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[quote=Anonymous][quote=Anonymous]Talk to your lawyer. You have to leave her at least ~ 33% of your estate, or she can contest it and claim a spousal elective share, unless this was waived explicitly in the prenup. [/quote] This is inaccurate. She can claim 1/3, but he does not have to [i]leave [/i]her 1/3. My dad didn't leave his second wife anything, and she didn't claim her elective share by the six-month deadline. As a result, she only received the $10,000 mandatory spousal allowance. Had she claimed the elective share, she would've received it by law, but it is not automatic. [/quote]
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