1.32.370 Right of Election Personal to Surviving Spouse

The right of election of the surviving spouse may be exercised only during the surviving spouse's lifetime and only by the surviving spouse. In the case of an incompetent person, the right of election may be exercised only by order of the Court in which protective proceedings as to the surviving spouse's property are pending, after finding that exercise is necessary to provide adequate support for the protected person during his or her probable life expectancy.