Can a spouse disinherit another spouse in a will?
Full Question:
Answer:
In most states, a spouse cannot be disinherited completely. If both spouses live in a community property state (Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin), and only if there's a written community property agreement, the spouse automatically owns half of what was earned during the marriage, unless there is a written agreement to the contrary. However, Party B can do whatever he/she likes with his/her half of the community property and with his/her separate property.
In all other states, there is no rule that property acquired during marriage is owned by both spouses. To protect spouses from being disinherited, these states give your spouse the right to claim 1/4 to 1/2 of your estate, no matter what the will provides. However, this only becomes a factor if the spouse goes to court to challenge the will. If the spouse doesn't object to receiving less than the share set out by law, the will will be honored as written.
