(a) The right of election of a surviving spouse or reciprocal beneficiary and the
rights of the surviving spouse or reciprocal beneficiary to homestead allowance, exempt
property, and family allowance, or any of them, may be waived, wholly or partially,
before or after marriage, by a written contract, agreement, or waiver signed by the
surviving spouse or reciprocal beneficiary.
(b) A surviving spouse's or reciprocal beneficiary's waiver is not enforceable if
the surviving spouse or reciprocal beneficiary proves that:
(1) The surviving spouse or reciprocal beneficiary did not execute the waiver voluntarily;
(2) The waiver was unconscionable when it was executed and, before execution of the
waiver, the surviving spouse or reciprocal beneficiary:
(A) Was not provided a fair and reasonable disclosure of the property or financial
obligations of the decedent;
(B) Did not voluntarily and expressly waive, in writing, any right to disclosure of
the property or financial obligations of the decedent beyond the disclosure provided;
(C) Did not have, or reasonably could not have had, an adequate knowledge of the property
or financial obligations of the decedent.
(c) An issue of unconscionability of a waiver is for decision by the court as a matter
(d) Unless it provides to the contrary, a waiver of “all rights”, or equivalent language,
in the property or estate of a present or prospective spouse or reciprocal beneficiary
or a complete property settlement entered into after or in anticipation of separation
or divorce is a waiver of all rights of elective share, homestead allowance, exempt
property, and family allowance by each spouse or reciprocal beneficiary in the property
of the other and a renunciation by each of all benefits that would otherwise pass
to the spouse or reciprocal beneficiary from the other by intestate succession or
by virtue of any will executed before the waiver or property settlement.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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