Full question:
My wife and I have been married for the past 15 years. There have been a lot of differences between us, especially in handling finances. My wife is a spendthrift, and I’m concerned about our children. In fact, the only reason we remain married is our children. So, I do not want my wife to inherit my estate. Is there a way to disinherit her?
- Category: Wills and Estates
- Subcategory: Disinherit
- Date:
- State: National
Answer:
Disinheriting your wife can be challenging, even with valid reasons. If you have a premarital or prenuptial agreement, it may help, but such agreements are closely examined by courts.
Most states have laws to protect a surviving spouse from being completely disinherited. For example, Georgia offers minimal protection, allowing a disinherited spouse a monetary allowance for twelve months from the start of estate administration, with potential extensions if the process takes longer.
If you reside in one of the 21 states without community property laws or that haven't adopted the "augmented estate" definition of the Uniform Probate Code, a disinherited spouse may receive only a portion of the deceased spouse's probate estate. To facilitate disinheritance, consider leaving no assets that require probate.
In community property states like Arizona, Nevada, and New Mexico, a disinherited spouse is entitled to half of the community property, regardless of the will's provisions. Similarly, in states following the Uniform Probate Code, such as Alaska, Colorado, and Hawaii, the disinherited spouse can choose a portion of the probate estate and non-probate assets. Some states, including Delaware, Florida, and Maine, also allow the disinherited spouse to elect a portion of the probate estate and some non-probate assets.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.