It Takes Work to Disinherit a Spouse

In Estate Planning by Taylor Stevens

The goal for some in a marriage is to make certain that the person they marry gets no inheritance from them when they die. Whatever the reason, it takes work to leave a partner with absolutely nothing in many states and can not be finished with an easy will. The goal for some in a marriage is to ensure that the person they wed gets no inheritance from them when they pass away.

This goal might appear extreme in the beginning glance, but there might be excellent motivations behind it such as currently having kids from previous marriage, a considerable age difference in spouses, or wishing to provide whatever to charity. Whatever the reason it takes work to leave a spouse with nothing in a lot of states and can not be finished with an easy will.
If you live in among the community property states, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, there is little that can be done to disinherit someone you are wed to. In these states the spouse will probably get half of the estate regardless. If you reside in one of the forty other states you can disinherit, but it will take some work.

In most states you may disinherit your kids or other household members really quickly by just making a simple will, but your spouse is a different story. In these states even if you call your partner in a will and do not leave the partner anything or set up a revocable living trust and leave the spouse out of it does not necessarily indicate the spouse will not get any of the estate. In many states there is a statutory optional share that enables the spouse to claim a percentage of the probate estate and maybe even assets in a revocable living trust.
The elective share is not necessary and need to be elected by the spouse after the last of eight months after death of the partner or six months after probate of the will occurs. One method to make certain the optional share is not taken is to enter into a prenuptial contract prior to the marriage or a postnuptial arrangement after the marital relationship. A valid agreement by a spouse represented by a lawyer is among the only ways an elective share can be waived. This indicates that the spouse that would have a right to make the elective share should voluntarily quit this right as an informed option made with assistance from an attorney. While this might appear like a great deal of work to achieve such a simple objective, it is essential to get rid of the anticipation and public law that spouses ought to be offered by an estate of the deceased partner.