I’ve been married for 15 years. I do not want my wife to inherit my estate. Is that possible?
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?
11/09/2016 |
Category: Wills and Es... » Disinherit |
State: ALL |
#26472
Answer:
All states provide laws to ensure that the surviving spouse is protected from disinheritance. Georgia seems to be the state which affords the least protection to a disinherited spouse. The only protection Georgia extends to the disinherited spouse is a monetary allowance for twelve months from the date of commencement of the estate administration. The court may however extend the time limit if the estate administration is not completed within a year.
If you live in one of the 21 states which do not have community property, or have not adopted the “augmented estate” definition of the Uniform Probate Code, the disinherited spouse may take only a portion of the probate estate of the deceased spouse. So, leaving no assets requiring probate may help in disinheriting the spouse.
However, in community property states that include Arizona, Nevada, New Mexico, the disinherited spouse can claim half of the community property despite a will leaving nothing to him/her. Likewise, in the states that follow the Uniform Probate Code, which include Alaska, Colorado, Hawaii, the disinherited spouse has the option to elect a portion of the probate estate, and non-probate assets of the deceased spouse, as well as the property titled in either spouse's name. Also, some states including Delaware, Florida, and Maine permit the disinherited spouse to elect a portion of the probate estate of the deceased spouse, and some of the non-probate assets.