Idaho Statutes
§ 15-2-208 — WAIVER
Idaho·Title 15 UNIFORM PROBATE CODE·Part 2. SUCCESSION OF QUASI-COMMUNITY PROPERTY — ELECTIVE SHARE OF SURVIVING SPOUSE·Ch. 2 INTESTATE SUCCESSION — WILLS
The right of election of a surviving spouse and the rights of the surviving spouse to homestead allowance and exempt property, or either of them, may be waived, wholly or partially, before or after marriage, by a written contract, agreement or waiver signed by the party waiving after fair disclosure. Unless it provides to the contrary, a waiver of "all rights" (or equivalent language) in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights to elective share, homestead allowance and exempt property by each spouse in the property of the other and a renunciation by each of all benefits which would otherwise pass to him from the other by intestate succession or by vir
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Related
Barnedt v. Wilder
49 P.3d 1265 (Idaho Court of Appeals, 2002)
Legislative History
[15-2-208, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 3, p. 682.]
Nearby Sections
15
§ 15-1-101
SHORT TITLE§ 15-1-102
PURPOSES — RULE OF CONSTRUCTION§ 15-1-104
SEVERABILITY§ 15-1-105
CONSTRUCTION AGAINST IMPLIED REPEAL§ 15-1-106
EFFECT OF FRAUD AND EVASION§ 15-1-107
EVIDENCE AS TO DEATH OR STATUS§ 15-1-108
ACTS BY HOLDER OF GENERAL POWER§ 15-1-201
GENERAL DEFINITIONS§ 15-1-301
TERRITORIAL APPLICATION§ 15-1-303
VENUE — MULTIPLE PROCEEDINGS — TRANSFER§ 15-1-305
RECORDS AND CERTIFIED COPIES§ 15-1-305A
RECORDING PERMITTED — EFFECT§ 15-1-306
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