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)
1 case citations

Legislative History

[15-2-208, added 1972, ch. 201, sec. 4, p. 510; am. 2016, ch. 262, sec. 3, p. 682.]

Nearby Sections

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