What percentage of the estate can a surviving spouse claim under an elective share in Hawaii?

What percentage of the estate can a surviving spouse claim under an elective share in Hawaii?

• A. 0% - 25%
• B. 3% - 50%
• C. 25% - 75%
• D. 50% - 100%

Answer: (B)

In Hawaii, a surviving spouse is entitled to an elective share of the deceased spouse’s estate, which is defined as a percentage of the estate that the spouse may claim regardless of the provisions of the will. The elective share is set to protect the rights of a surviving spouse, ensuring that they receive a fair portion of the estate, even if the deceased spouse had made other arrangements in their will. The correct choice reflects the law which specifies that the elective share for a surviving spouse ranges between 3% and 50% of the net estate value, depending on the duration of the marriage. If the marriage was quite short, the elective share could lean towards the lower end of this range. However, longer marriages warrant a higher percentage up to 50%. This structure allows for a balance between the rights of the surviving spouse and the intentions of the deceased as expressed in their will, thus providing financial support to the surviving spouse while acknowledging the deceased's wishes. The range provided in the choice highlights this legal framework specific to Hawaii, confirming the protective nature of the elective share for surviving spouses.

In Hawaii, a surviving spouse is entitled to an elective share of the deceased spouse’s estate, which is defined as a percentage of the estate that the spouse may claim regardless of the provisions of the will. The elective share is set to protect the rights of a surviving spouse, ensuring that they receive a fair portion of the estate, even if the deceased spouse had made other arrangements in their will.

The correct choice reflects the law which specifies that the elective share for a surviving spouse ranges between 3% and 50% of the net estate value, depending on the duration of the marriage. If the marriage was quite short, the elective share could lean towards the lower end of this range. However, longer marriages warrant a higher percentage up to 50%.

This structure allows for a balance between the rights of the surviving spouse and the intentions of the deceased as expressed in their will, thus providing financial support to the surviving spouse while acknowledging the deceased's wishes. The range provided in the choice highlights this legal framework specific to Hawaii, confirming the protective nature of the elective share for surviving spouses.