What if the Spouse is not named in the will? When one spouse dies, the surviving spouse can take a certain portion of the deceased spouses' estate, even if the surviving spouse was not named in the will. This portion is called the 'forced spousal share' or the 'elective share.' The surviving spouse is entitled to this statutory amount regardless of the deceased spouse's intent as documented in the will.
In order to determine how much the surviving spouse is entitled to under the elective share, Colorado adopted a formula used by the Uniform Probate Code (UPC). Under this approach, the surviving spousal property is combined together with the deceased's property. Then, the surviving spouse takes a percentage of the total property, based on the length of the marriage. For example in Colorado, if a couple had been married for fifteen or more years, the surviving spouse has the option of taking 50% of the total or augmented property. Our attorneys will help you evaluate the options a surviving spouse has and which option will benefit you the most. |
