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IN RE:
ESTATE OF
IN THE COURT OF COMMON PLEAS OF
A. RAYMOND EPPLEY
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-482
MEMORANDUM
METHOD OF CALCULATING WIDOW'S SHARE
UNDER ELECTION TO TAKE AGAINST THE WILL
As we understand the new Act, 20 P.S. C.S.A. ~2201 et seq, and
the purpose of the Act was to give a widow no more and no less than
one-third (1) of the total assets of the deceased spouse.
To this end, the Act provides that an election to take against
the Will acts as an automatic disc1aimer(2) by the widow of
enumerated assets she received outside of the Will, including such
assets as proceeds of insurance and annuities. This disclaimer has
the effect of increasing the total estate so that, under the new Act,
the widow does not receive one-third of the probate estate plus
insurance, annuities and the like as heretofore, but now she
receives one-third of the total of the value of the probate estate
and such assets as she received by operation of law or by contract,
not a part of the probate estate.
The effect of the new Act is to limit the claim of an electing
spouse to only so much of the assets passing by Will, in the
probate estate of the decedent, as, when taken together with other
assets of the decedent outside the will by the surviving spouse,
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MYERS, MYERS, FLOWER & JOHNSON - ATTORNEYS AT LAW
301 MARK.ET STREET, LEMOYNE, PENNA. - 1 W. HIGH STREET, CARLISLE, PENNA.
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will equal one-third.
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of the assets of an estate, but substantially less.
The surviving spouse no longer takes one-third
For example, here the probate assets are as follows:
Real Estate
$ 82,500.00
Stocks & Bonds
518.53
Mortgages, Notes & Cash
129,284.68
Miscellaneous
3,442.99
Total
$215,746.20
To this is added values of gifts made in 1978,
(the year of death) of $8,082.00 less $3,000.00(3)
To this is added the following assets subject
to the disclaimer:
Insurance Proceeds
$
808.54
Annuity
15,000.00
50% entireties Real estate 9,750.00
$25,558.54
Total Estate subject to Election
The share of the electing spouse would
then be one-third of $246,386.74 or
Against this share of the widow should be
charged those assets she has received outside
of the Will and may retain(4)
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$215,746.20
5,082.00
25,558.54
$246,386.74
$ 82,128.91
25,558.54
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This then results in an amount of the
probate estate which is credited to her
which amount is subject, of course, to
such Pennsylvania taxes ""-.... n:tJ..~......".a.. as
are attributable to this amount. There
are no Federal taxes on her share. $ 56,570.37
We believe the foregoing is the proper method of calculating
the widow's share, subject to an election to take against the Will.
Respectfully submitted,
MYERS, MYERS, FLOWER & JOHNSON
Attorneys for Surviving Spouse
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(1) 20 P.S. C.S.A. S2203(a) "when a married person domiciled in this
Commonwealth dies, his surviving spouse has a right to an elective
share of one-third of the following property: (1) Property passing
from the decedent by Will or intestacy.
(2) 20 P.B. C.S.A. S2204(a) Disclaimers - "...an election by a spouse
shall be deemed a disclaimer of any beneficial interest of the spouse
..." in ... (4) Proceeds of insurance (5) any annuity contract... (8)
...rea1 property...owned...by the entireties...to the extent it
represents earnings or contributions by the decedent."
(3) Election against (20 P.S. C.S.A. S2203(a) (6)) "Property in excess
of $3,000 conveyed to anyone donee...within one year of death."
(4) 20 P.S. C.S.A. S2204(c) "Notwithstanding....the spouse may elect
to retain any beneficial interest...and have the va1ue...charged
against the elective share."
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