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.
To the PROSPECTIVE client, please call myself or another attorney for you choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
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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