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Ask Loren Your Own Question
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 32993
Experience:  30 years experience in the practice of estate law.
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Is my wife who I have been married to since 2005 entitled to

Customer Question

is my wife who I have been married to since 2005 entitled to half my estate?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Good day. I am Loren, a licensed attorney, and I look forward to assisting you.
Expert:  Loren replied 2 years ago.
Are you referring to probate?
Expert:  Loren replied 2 years ago.
Are you online with me?
Expert:  Loren replied 2 years ago.
You can not disinherit a spouse. Under Nebraska law a surviving spouse not satisfied with the portion they are left in a will may elect to receive a spousal elective share of 1/3 of the "augmented estate".
Expert:  Loren replied 2 years ago.
The augmented estate means the gross estate reduced by funeral and administration expenses, homestead allowance, family allowances and exemptions, and enforceable claims. Once this amount is determined, then there is an addition back for the value of any property the decedent transferred to anyone other than a bonafide purchaser at fair market value at any time during the marriage, if this transfer falls into one of the following categories:The decedent retained a right of possession or income from the propertyThe decedent retained the power to consume the transferred property or dispose of it for his own benefitAny transfer held at the time of death with another with right of survivorshipAny transfer as a gift within 2 years of death to the extent the transfer to any one person exceeds $3,000.The augmented estate does not include life insurance or a pension payable to someone other than the surviving spouse. Once this amount is determined, an amount is added that represents the value of property owned by the surviving spouse at time of death computed in the same manner. However, the value of the property owned by the surviving spouse is limited to any amounts which were received from the decedent during his or her lifetime without full consideration at fair market value. This includes any property the spouse would have received with the right of survivorship with the decedent. The total of these computations is then used as the value of the augmented estate for purposes of determining the intestate share. (Uniform Probate Code section 2-202)