If a spouse claims their right of election after their partner's death, what may they receive?

When a spouse claims their right of election after their partner's death, they may receive a portion of both real and personal property. This right of election is a legal provision that allows a surviving spouse to choose to receive a specific share of their deceased partner's estate, even if the deceased's will stipulates otherwise.

The intent behind this legal right is to ensure that the surviving spouse is afforded a fair share of the joint marital assets, regardless of the deceased's wishes. In Hawaii, the surviving spouse is entitled to a statutory share, which consists of a portion of both the real and personal properties owned by the deceased at the time of death. This promotes equitable treatment of surviving spouses and helps protect their financial welfare after the loss of their partner.

This provision not only applies to personal property, such as bank accounts and investments, but also includes real property, which encompasses any landed property or real estate owned by the deceased. In this way, the right of election serves to balance interests between the deceased's wishes and the entitlements of the surviving spouse.