§ 319 - Waiver of will by surviving spouse
§ 319. Waiver of will by surviving spouse
(a) A surviving spouse may waive the provisions of the decedent's will and in lieu thereof elect to take one-half of the balance of the estate, after the payment of claims and expenses.
(b) The surviving spouse must be living at the time this election is made. If the surviving spouse is mentally disabled and cannot make the election personally, a guardian or attorney in fact under a valid durable power of attorney may do so. (Added 2009, No. 55, § 5, eff. June 1, 2009.)