Nebraska § 30-2318 Effect of election benefits by will or statute

Nebraska Statutes

§ 30-2318 — Effect of election benefits by will or statute

Nebraska § 30-2318

Ch. 30Decedents' Estates; Protection of Persons and Property

This text of Nebraska § 30-2318 (Effect of election benefits by will or statute) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 30-2318 (2026).

Text

(a)The surviving spouse's election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent's will or intestate succession unless the surviving spouse also expressly renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under subsection 30-2319(b), as if the surviving spouse had predeceased the testator.

(b)A surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not he elects to take an elective share.

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The surviving spouse's election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent's will or intestate succession unless the surviving spouse also expressly renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under subsection 30-2319(b), as if the surviving spouse had predeceased the testator.
(b) A surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not he elects to take an elective share.