30-2318. Effect of election benefits by will or statute.
113 words·~1 min read·
/ne/chapter-30/30-2318A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The surviving spouse's election of his elective share does not affect the share of the surviving spouse under the provisions of the decedent's will or intestate succession unless the surviving spouse also expressly renounces in the petition for an elective share the benefit of all or any of the provisions. If any provision is so renounced, the property or other benefit which would otherwise have passed to the surviving spouse thereunder is treated, subject to contribution under subsection 30-2319(b), as if the surviving spouse had predeceased the testator.
(b)A surviving spouse is entitled to homestead allowance, exempt property and family allowance whether or not he elects to take an elective share.