§ 30-2313 — Right to elective share; validity of certain conveyances

Nebraska § 30-2313

• Jurisdiction: Nebraska
• Ch. 30: Decedents' Estates; Protection of Persons and Property

Text

(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.
(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.

Legislative History

Source: Laws 1974, LB 354, § 35, UPC § 2-201; Laws 1980, LB 694, § 3; Laws 1994, LB 1116, § 1; Laws 1995, LB 872, § 1. Annotations: This section provides the right of a surviving spouse to elect to take an elective share of a deceased spouse's estate. In re Estate of Peterson, 221 Neb. 792, 381 N.W.2d 109 (1986).