How Do You Spell FORCED SHARE?
Pronunciation: [fˈɔːst ʃˈe͡ə] (IPA) 
Pronunciation: [fˈɔːst ʃˈe͡ə] (IPA)
Forced share, also known as elective share or statutory share, is a legal term that refers to the portion of an estate that a surviving spouse is entitled to receive, regardless of the deceased spouse's will. In many jurisdictions, including some states in the United States, the law recognizes the rights of a surviving spouse to inherit a portion of their deceased spouse's estate, even if the will fails to provide for them adequately or excludes them altogether.
The purpose of a forced share is to ensure that a surviving spouse is provided for when the deceased spouse's will does not sufficiently provide for their needs. The specific amount or percentage of the forced share may vary depending on the jurisdiction, but it is typically a predetermined portion of the estate's value, such as one-third or one-half.
The forced share is calculated based on the value of the assets in the estate, regardless of whether they are held in joint tenancy, owned individually, or included in a trust. If the deceased spouse's assets are held in a trust, the trust may need to be included in the calculation to determine the value of the estate for the purposes of determining the forced share.
It is important to note that a forced share only applies to assets that pass through probate, and certain assets, such as life insurance proceeds or assets held in a living trust, may be exempt from the calculation.
Overall, the concept of a forced share ensures that a surviving spouse is not left destitute or disinherited, and provides a legal right for them to receive a portion of their deceased spouse's estate, regardless of the terms outlined in the will.
The term "forced share" is derived from the combination of two words: "force" and "share".
The word "force" comes from the Old French word "forcier", which means "to exert oneself" or "to enforce". It ultimately traces back to the Latin word "fortis", meaning "strong" or "powerful". In the context of a forced share, the term refers to the legal compulsion or requirement to distribute a specific portion of an estate or inheritance to a particular person, regardless of the testator's (person making the will) wishes.
The word "share" comes from the Old English word "scearu", which means "division" or "portion". It shares the same roots with the Old Norse word "sker" and the Old High German word "scara".
