Chapter 13 - § 13.8 • EFFECT OF ELECTION ON EXEMPT PROPERTY AND FAMILY ALLOWANCES

• Jurisdiction: Colorado

§ 13.8 • EFFECT OF ELECTION ON EXEMPT PROPERTY AND FAMILY ALLOWANCES

Claiming the exempt property and family allowances will not preclude a spouse's augmented estate election. The allowances come "off the top" of the probate estate and are not charged against the elective share. Claims and payment of allowances do, however, have the effect of reducing the size of the net probate estate and thus will diminish the value of the election. The availability or lack of availability of non-probate property to the spouse per an election may also have an effect on whether the court awards more or less than the statutory presumptive amount of the family allowance.

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