Rhode Island § 33-28-2 - Elective Share
Full text of Rhode Island Rhode Island General Laws § 33-28-2 — Elective Share, with citation guidance and answers to common questions.
§ 33-28-2. Elective Share
R.I. Gen. Laws § 33-28-2
§ 33-28-2. Right of election personal to surviving spouse — Incapacitated surviving spouse.
(a) The right of election may be exercised only by a surviving spouse who is living when the petition for the elective share is filed in the probate court pursuant to § 33-28-4(a). If the election is not exercised by the surviving spouse personally, it may be exercised on the surviving spouse’s behalf by the surviving spouse’s conservator, guardian, or agent under the authority of a power of attorney.
(b) If the election is exercised on behalf of a surviving spouse who is an incapacitated person, the probate court may authorize transfer of property in kind, or payment of the value thereof, to the spouse’s personal representative upon such terms and conditions as the court determines to be in the spouse’s best interest.
History of Section.
P.L. 2014, ch. 260, § 4; P.L. 2014, ch. 312, § 4.
Frequently Asked Questions About Rhode Island § 33-28-2
What does Rhode Island General Laws § 33-28-2 cover?
Section 33-28-2 ("Elective Share") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 33-28-2?
A common citation format is "Rhode Island General Laws § 33-28-2" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 33-28-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.