Nebraska Statutes 30-2313. Right to elective share; validity of certain conveyances
(a) Except as provided in subsection (c) of this section, if a married person domiciled in this state dies, the surviving spouse has a right of election to take an elective share in any fraction not in excess of one-half of the augmented estate under the limitations and conditions hereinafter stated.
Terms Used In Nebraska Statutes 30-2313
- Decedent: A deceased person.
- Grantor: The person who establishes a trust and places property into it.
- Grantor: shall include every person from or by whom any estate or interest passes in or by any conveyance. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(b) Except as provided in subsection (c) of this section, if a married person not domiciled in this state dies, the right, if any, of the surviving spouse to take an elective share in property in this state and the amount or extent of such share are governed by the law of the decedent‘s domicile at death.
(c) If a married person dies and such person (1) had been an owner of real estate in this state and (2) had conveyed the real estate during his or her lifetime without joinder of his or her spouse in the conveyance, while domiciled outside of the state, such conveyance shall be valid regardless of the law of the decedent’s domicile at death. The real estate shall not be subject to any claims or interests derived from the grantor or the grantor‘s estate because the spouse did not join in the conveyance.
Source
- Laws 1974, LB 354, § 35, UPC § 2-201;
- Laws 1980, LB 694, § 3;
- Laws 1994, LB 1116, § 1;
- Laws 1995, LB 872, § 1.