In most states,the surviving spouse may be entitled to a portion of the estate beyond that granted in the will through the right of election.

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The right of election, also known as a spousal elective share, is a legal provision in most states that allows a surviving spouse to receive a portion of the estate of their deceased spouse, regardless of what the will stipulates. The percentage or amount of the elective share varies by state, but it is typically based on the length of the marriage and the value of the estate.

In Most States,the Surviving Spouse May Be Entitled to a Portion