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The “Elective Share”: In Most States Your Spouse Can Tear Up Your Will and Take a Third of Everything. A Prenup Is the Only Document That Overrides It
FG
FOMOGRAM Editorial Desk
Aug 7, 2026
EXECUTIVE SUMMARY
Your will might be the least powerful document in your estate plan. A legal mechanism built into most state probate codes lets a surviving spouse walk into court and claim a slice of your estate no matter what your will actually says.
Your will might be the least powerful document in your estate plan. A legal mechanism built into most state probate codes lets a surviving spouse walk into court and claim a slice of your estate no matter what your will actually says.
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