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Answer :
b. No, this election would not be available.
The postmortem election referred to in this question is likely the "Disclaimer Election." A disclaimer is a legal refusal to accept an inheritance or gift. In this scenario, Pete's executor would not have the option to use the disclaimer election because the assets were already transferred to Emily through a valid will before Pete's passing.
Since Pete executed a valid will leaving all assets to Emily, the assets became Emily's property upon Pete's death. As a result, any potential beneficiaries, such as Pete's children and grandchildren, cannot disclaim the assets because they were not the direct recipients of the inheritance. The transfer to Emily was complete and irrevocable at the time of Pete's death.
Additionally, the fact that Emily gave $30,000 to each of Pete's children and grandchildren after Pete's death does not change the situation. The money given to them was a gift from Emily's own assets, not a part of the assets that Pete left in his will.
Therefore, since the assets were transferred according to a valid will, and there was no unclaimed inheritance at the time of Pete's death, the executor would not have the option to use the disclaimer election.
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