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HD 3425

An Act relative to the elective share of surviving spouses

194th Legislature (2025-2026) Introduced by Adrianne Ramos

HD 3425: An Act relative to the elective share of surviving spouses SummaryThis proposed bill aims to modify the elective share laws in the state to provide greater financial prote

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Bill Summary · HD 3425

HD 3425: An Act relative to the elective share of surviving spouses

Summary

This proposed bill aims to modify the elective share laws in the state to provide greater financial protections for surviving spouses. The key provisions and impacts of the legislation include:

Purpose

  • Ensure surviving spouses have a guaranteed minimum claim on the deceased spouse's estate, providing financial security
  • Update elective share laws that have not been substantially revised in over 50 years

Key Provisions

  • Increases the elective share from the current 1/3 of the deceased spouse's estate to 1/2
  • Expands the types of assets that are included when calculating the elective share, such as certain trusts and retirement accounts
  • Establishes a 6-month deadline for surviving spouses to make an elective share claim
  • Allows courts to increase the elective share in cases of financial hardship or need

Impact

  • Provides greater financial protection for surviving spouses, especially those who may have been financially dependent on the deceased
  • May incentivize more robust estate planning to ensure a spouse's wishes are carried out
  • Could lead to more disputes over estate assets as surviving spouses assert their increased elective share claims
  • May impact inheritance plans for other beneficiaries like children from prior marriages

Procedural Details

  • The bill was introduced in the state legislature on November 29, 2025 and has been referred to the Judiciary Committee for review
  • If passed, the revised elective share laws would take effect 90 days after the governor's signature

Overall, this legislation represents a significant update to state laws governing spousal inheritance rights, with the intent of better supporting surviving spouses financially after the death of a spouse.

Compiled from official sources — confirm details with the bill’s official record.

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