Which share protects a surviving spouse from being disinherited by a will?

Which share protects a surviving spouse from being disinherited by a will?

• A. Intestate
• B. Beneficiary
• C. Descendants
• D. Marital share, statutory share, or elective share

Answer: (D)

Surviving-spouse protection comes through a marital share, statutory share, or elective share. These are legal rights that guarantee the spouse receives a minimum portion of the estate regardless of the will’s terms. Even if the decedent tries to disinherit the spouse, the surviving spouse can claim this forced or elective portion, and the court will enforce it. The exact amount and mechanism vary by jurisdiction, but the principle is straightforward: there is a protected share set by law for the spouse. Intestate refers to dying without a will, which leads to a default distribution under state rules, but the question focuses on protection when a will exists. A beneficiary is simply someone named to receive assets in the will, which could include or exclude the spouse but does not guarantee protection. Descendants are children; they are not the mechanism that shields a spouse from being disinherited.

Surviving-spouse protection comes through a marital share, statutory share, or elective share. These are legal rights that guarantee the spouse receives a minimum portion of the estate regardless of the will’s terms. Even if the decedent tries to disinherit the spouse, the surviving spouse can claim this forced or elective portion, and the court will enforce it. The exact amount and mechanism vary by jurisdiction, but the principle is straightforward: there is a protected share set by law for the spouse.

Intestate refers to dying without a will, which leads to a default distribution under state rules, but the question focuses on protection when a will exists. A beneficiary is simply someone named to receive assets in the will, which could include or exclude the spouse but does not guarantee protection. Descendants are children; they are not the mechanism that shields a spouse from being disinherited.