Idaho State Statutes - Idaho Attorney Directory

The right of election of a surviving spouse and the
rights of the surviving spouse to homestead allowance, exempt property and
family allowance, or any of them, may be waived, wholly or partially, before
or after marriage, by a written contract, agreement or waiver signed by the
party waiving after fair disclosure. Unless it provides to the contrary, a
waiver of "all rights" (or equivalent language) in the property or estate of a
present or prospective spouse or a complete property settlement entered into
after or in anticipation of separation or divorce is a waiver of all rights to
elective share, homestead allowance, exempt property and family allowance by
each spouse in the property of the other and a renunciation by each of all
benefits which would otherwise pass to him from the other by intestate
succession or by virtue of the provisions of any will executed before the
waiver or property settlement.

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