Chapter 13 - § 13.15 • PROPERTY IN TWO JURISDICTIONS

• Jurisdiction: Colorado

§ 13.15 • PROPERTY IN TWO JURISDICTIONS

Difficult conflicts of law questions arise when there is an election and there is property in several jurisdictions (see § 13.5). The indications are that a surviving spouse cannot accept the provisions of a will in one jurisdiction and reject them in another.⁵⁰

In Estate of Plazza,⁵¹ it was held that "The rule which prohibits taking against the will and receiving benefits under the will at the same time precludes an election by the surviving spouse in an ancillary administration which is inconsistent with an election already taken in the domiciliary estate."

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Notes:

^[50] Annot. 3 Brit. R. C. 519; see Pfau v. Moseley, 222 N.E.2d 639 (Ohio 1966).

^[51] Estate of Plazza, 526 P.2d 155 (Colo. App. 1974).