Disinherit a Spouse

Aim for a marriage to make sure that the person is married does not get inheritance from them when they die. This goal may seem harsh at first glance, but there May be a good motives behind it, as it already has children from a previous marriage, significant differences in age at marriage, or want to give everything to charity. Regardless of the reason it takes work to leave the wife with nothing in most states and can not be done with a simple will.

If you live in one of the community property state, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, there is little you can do to cut off someone to get married to. In these countries, the spouse will most likely get half the estate, regardless. If you live in one of forty other states, you can disinherit, but it will take some work. In most states you can cut off their children or other family members is very easy to just making a simple will, but your husband is another story. In these states only because the name of your spouse in the will, and not leave any wife or revocation of a living trust set up and leave the spouses out of it does not necessarily mean her husband will not get any of the property. In most countries the share of the electoral law that allows spouses claim a percentage of conditional real estate assets and perhaps even in your living trust revocation.

Elective share is not mandatory and must be elected by a spouse after the last eight months after the death of a spouse or six months after probate of will happen. One way to check if the election does not take a share for entry into a prenuptial agreement before marriage or after marriage, postnuptial agreements. Worth agreement spouses lawyer is one of the few ways the election could turn off the share. This means that the spouse will be entitled to the elective share must voluntarily give up that right as an informed choice made with the help of an attorney. While this May seem like a lot of work to achieve this simple goal, it is necessary to overcome the presumption of public policy that spouses should be provided in the possession of the deceased spouse.

Evan Guthrie Law Firm is licensed to practice law in the entire state of South Carolina. In Evan Guthrie law firm practices in the area of ​​estate planning contingent bodily injury and divorce and family law.