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citation to surviving spouse to elect regarding spouse's rights under…
citation to surviving spouse to elect regarding spouse's rights under 2106
Election under 2105.06 + general 2106 rights of surviving spouseection
Election against the will (portion of the net estate)
Net estate excludes the money or property set off as an allowance for support (which is treated as a debt of the estate), as well as any other debts of or claims against the estate.
Share
1/2 of the decedent's net estate unless there are 2 or more surviving children or desdendants of decedent
As part of the surviving spouse's share and the support allowance
, the spouse may take the interest of the decedent in the mansion house
Otherwise, not to exceed 1/3 of the net estate
Election under the will
Can still take portion of estate that passes through intestacy
Assets under the will
2106.13 Statutory support
Remain in mansion house for 1 year
Receive one or more vehicles with value < $65,000; the value of the least expensive vehicle is deducted from the support allowance
Support - $40,000
100% to spouse
minor children who are all children of the surviving spouse
No minor children
In an equitable amount shared with any minor children, not the children of the surviving spouse
one watercraft or outboard motor
Other rights including but not limited to dower rights (2103) and 5305.