The right of election of the surviving spouse may be exercised only during his or her lifetime by him or her. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his or her property are pending, after finding that exercise thereof in the fraction designated or proposed is in the best interests of the protected person during his or her probable life expectancy and of the children, family members, or other successors to the decedent or to the protected person, due regard being given by the court to the other assets and resources of the protected person, the extent and nature of any dependent, mutual, or otherwise related estate planning of the decedent and the protected person, the present and likely future financial impact upon the estate of the decedent, the protected person or the estate of the protected person, or such successors of any federal or state estate, excise, gift, income, inheritance, succession, or other tax consequent upon such exercise, and the existence or nonexistence of any other factors deemed by the court to be relevant to the exercise or nonexercise of the right of election.
Notes of Decisions
In re Guardianship & Conservatorship of Kaiser, 295 Neb. 532 (Neb. 2017).
· cites it 31× “In its decision, the county court considered Neb. Rev. Stat. § 30-2315 (Reissue 2016), which provides: The right of election of the surviving spouse may be exercised only during his or her lifetime by him or her.”
In re Est. of Alberts, 875 N.W.2d 427 (Neb. 2016).
· cites it 8× “The appellants alleged that the petition was not valid, because Neb. Rev. Stat. § 30-2315 (Reissue 2008) states that the right to an elective share may only be exercised by the surviving spouse, and Lois did not -3- Nebraska A dvance Sheets 293 Nebraska R eports IN RE ESTATE OF…”
In Re Est. of Stephenson, 503 N.W.2d 540 (Neb. 1993).
· cites it 4× “Neb. Rev. Stat. § 30-2315 (Reissue 1989) of the Nebraska Probate Code states: “The right of election of the surviving spouse may be exercised only during his or her lifetime by him or her.”
In Re Est. of Disney, 550 N.W.2d 919 (Neb. 1996).
“ASSIGNMENTS OF ERROR Restated, Grace Lutheran claims that the district court erred in (1) reviewing for error appearing on the record rather than conducting a de novo review, (2) failing to accept Disney’s sworn testimony as an effective waiver of his right to an elective share,…”
Clarkson v. First Nat'l Bank, 226 N.W.2d 334 (Neb. 1975).
· cites it 4× “Section 30-2315, R.S.Supp., 1974, which does not go into effect until January 1, 1977, makes it very clear that in the case of a protected person, such as the incompetent spouse here, the court shall exercise the election only "after finding that exercise is in the best…”
Sweeney v. Summers, 571 P.2d 1067 (Colo. 1977).
“210 (West 1976) and Neb. Rev. Stat. §30-2315 (1975) use the “best interests” test in deciding whether or not to grant permission to elect against the will.”
In Re Est. of Jacobson, 281 N.W.2d 552 (Neb. 1979).
“2d 60 ; § 30-2315, R. R. S. 1943. We therefore need not further discuss appellant’s request for granting of these rights in view of his subsequent death.”
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