The surviving spouse can renounce his or her spouse's will.

Name: The surviving spouse can renounce his or her spouse's will.
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A surviving spouse can choose to renounce the will of the deceased spouse in favor of taking a statutory elective share (usually a portion of the estate) as provided by state law, rather than accepting the bequest left to them in the will. This is often done if the elective share is more favorable than the provisions of the will.

The Surviving Spouse Can Renounce His or Her Spouse's Will