The right of election of the surviving spouse may be exercised only during his lifetime by him. In the case of a protected person, the right of election may be exercised only by order of the court in which protective proceedings as to his property are pending, after finding that exercise is necessary to provide adequate support for the protected person during his probable life expectancy.
Idaho Code § 15-2-204
Right of election personal
Applied in 1 court decision — leading case Sweeney v. Summers (1977)
Most recently applied in Sweeney v. Summers (October 1977)
I.C., § 15-2 -204, as added by 1972, ch. 201, § 4, p. 510.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.