In Hawaii, what must a surviving spouse do if they are dissatisfied with their inheritance?

In Hawaii, what must a surviving spouse do if they are dissatisfied with their inheritance?

• A. File for bankruptcy
• B. Make a claim for an elective share
• C. Challenge the will in court
• D. Accept the inheritance as is

Answer: (B)

In Hawaii, if a surviving spouse is dissatisfied with their inheritance, they have the option to make a claim for an elective share. This legal provision allows the surviving spouse to elect to receive a percentage of the deceased spouse's estate, regardless of what the will specifies. The elective share is designed to ensure that the surviving spouse is not left without adequate support after the death of their partner, especially if the will does not provide for them sufficiently. This process typically involves filing a claim within a certain timeframe after the spouse's death, allowing for a fair distribution of assets that reflects the financial partnership established during the marriage. By exercising the right to an elective share, the surviving spouse can secure a portion of the estate that acknowledges their contributions and the mutual responsibilities assumed during the marriage. In contrast, filing for bankruptcy or challenging the will in court are not direct courses of action specifically for addressing dissatisfaction with an inheritance but rather involve different legal situations. Accepting the inheritance as is would not provide the necessary recourse for the surviving spouse who feels entitled to more than what is left in the will. Thus, making a claim for an elective share is the most appropriate and effective measure under these circumstances.

In Hawaii, if a surviving spouse is dissatisfied with their inheritance, they have the option to make a claim for an elective share. This legal provision allows the surviving spouse to elect to receive a percentage of the deceased spouse's estate, regardless of what the will specifies. The elective share is designed to ensure that the surviving spouse is not left without adequate support after the death of their partner, especially if the will does not provide for them sufficiently.

This process typically involves filing a claim within a certain timeframe after the spouse's death, allowing for a fair distribution of assets that reflects the financial partnership established during the marriage. By exercising the right to an elective share, the surviving spouse can secure a portion of the estate that acknowledges their contributions and the mutual responsibilities assumed during the marriage.

In contrast, filing for bankruptcy or challenging the will in court are not direct courses of action specifically for addressing dissatisfaction with an inheritance but rather involve different legal situations. Accepting the inheritance as is would not provide the necessary recourse for the surviving spouse who feels entitled to more than what is left in the will. Thus, making a claim for an elective share is the most appropriate and effective measure under these circumstances.