Excluding a Spouse or Child From Your Estate Plan
Can I exclude my spouse from my Estate Plan?
Most states have legal protections in place to safeguard a spouse's rights to a portion of their partner's estate. These laws are designed to ensure that a surviving spouse receives support, even if they are not included in the estate planning documents. The specific extent of these protections and benefits can vary significantly from state to state.
Key Points:
- Spousal Rights: Most states have laws that protect a surviving spouse's right to a portion of their deceased partner's estate.
- Estate Planning Documents: These protections exist even if the surviving spouse is not included in the estate planning documents.
- State Variations: The specific extent of these protections and benefits can differ significantly between states.
Understanding Your State's Laws:
It's crucial to familiarize yourself with your state's specific laws regarding spousal rights and inheritance. Consulting with an estate planning attorney can provide valuable guidance and ensure that your estate plan aligns with your wishes and complies with applicable laws.
State-Specific Rule Examples:
- Estate Share: In certain states, a spouse may be entitled to claim a portion of your estate, regardless of whether they are excluded in your Estate Plan.
- Residency Rights: Some laws allow a spouse to continue living in the primary residence, even if the property is bequeathed to another person.
Can I exclude a child from my Estate Plan?
There are various reasons for leaving a child out of your Estate Plan. Regardless of your reason, you can choose to disinherit a child from your Estate Plan.
Please note that some states have restrictions on disinheriting children, especially those under a certain age. These laws may limit your ability to fully exclude a minor child from your estate.
Key Points:
- Disinheritance: You can choose to disinherit a child from your Estate Plan.
- State Restrictions: Some states have limitations on disinheriting minor children.
- Understanding Local Laws: It's essential to familiarize yourself with your state's specific laws regarding disinheritance.
Consulting with an Attorney:
To ensure that your estate plan aligns with your wishes and complies with applicable laws, it's highly recommended to consult with an estate planning attorney. They can provide tailored advice and guidance on disinheritance and other estate planning matters.
Have more questions about exclusions?
For personalized guidance on spousal rights and to ensure your estate decisions are legally enforceable, consider adding Attorney Support ($299) to your Estate Plan. This will allow you to consult with a qualified, state-licensed attorney.