Widowed Decedent died with a will written before second marriage. The will named children as heirs. Surviving spouse has rights of election plus (possibly) rights to a homestead allowance and family allowance. Probate form PC581 is used to notify/select eletive rights. How does surviving spouse elect to receive homestead allowance and family allowance?
Has the will been admitted to probate? First you have to open a probate estate, notice the heirs, appoint a personal rep and then the widow takes her elections and allowances.
I would believe that it would greatly speed the process if you engaged a probate practioner, either from my office or elsewhere. Good luck.
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Whenever we have taken these rights, we have always filed the form with the court. It is relatively unusual that this is necessary, because most of the time, the assets are joint. There is also an exempt property allowance which the spouse can claim. Proving title to assets can be a challenge. The spouse, if not acting as PR, should send the form to the PR and to the court. This can be very tricky, as Attorney Brennan observed, and it usually calls for retaining an attorney. Attorney Brennan is on your side of town. He would be an excellent resource, if you do not have an attorney in mind.
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