Does abandonment affect right to marital election?
After 30 years of marriage, husband abandoned wife. No divorce. Wife dies 20 years later (so ''married'' for 50 years). Does husband still have right of marital election against her abandoned wife's estate? Is there something like a statute of limitations on possible claims by an abandoning spouse?
Re: Does abandonment affect right to marital election?
Sometimes the law actually does make sense. Abandonment cuts off a spouse's right of election as against the decedent's property.
Good luck.
Rick Bryan
New York, NY
