US Lawyer Database

§42-5-10. Severability

If any of the provisions of this article or the application thereof to any persons or circumstances is held invalid such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provisions or application, and to this end the provisions of this article are declared to […]

§42-3-3a. Waiver of Right to Elect; Other Rights

(a) The right of election of a surviving spouse may be waived, wholly or partially, before or after marriage, by a written contract, agreement, or waiver signed by the surviving spouse. (b) A surviving spouse's waiver is not enforceable if the surviving spouse proves that: (1) He or she did not execute the waiver voluntarily; […]

§42-3-4. Proceeding for Elective Share; Time Limit

(a) Except as provided in subsection (b) of this section, the election must be made by filing in the court and mailing or delivering to the personal representative, if any, a petition for the elective share within nine months after the date of the decedent's death, or within six months after the probate of the […]

§42-3-7. Entitlement of Spouse; Premarital Will

(a) If a testator's surviving spouse married the testator after the testator executed his or her will, the surviving spouse is entitled to receive, as an intestate share no less than the value of the share of the estate he or she would have received if the testator had died intestate as to that portion […]