Can You Disinherit A Spouse

1 May 2022 · 1 min

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0:45

In this video, the speaker addresses the question of whether a spouse can be disinherited. He references a poll where 59% of viewers believed it was possible and 41% thought it was not, noting that the reality varies widely across the United States. While an estate plan can be drafted to exclude a spouse, most states will not enforce it unless the spouse has signed a prenuptial or postnuptial agreement. The speaker outlines the state-by-state landscape: ten states that have adopted the Uniform Probate Code allow a spouse to elect a share of both probate and non‑probate assets; nine states permit a spouse to claim a portion of probate assets and limited non‑probate items; and twenty‑one states restrict the spouse to a share of probate assets only. Consequently, if an estate is structured with no probate assets, a spouse can be completely disinherited. The video ends with a call to follow the channel.

Chapters

Yesterday's poll question was, can you leave your spouse out of your estate? Essentially, can you disinherit your spouse? 59% of you said yes, 41% of you said no. Comments were all across the board, and the actual answer is all across the board as well. You can write your estate plan like that, but in most states it's not going to hold up unless the spouse signed a prenup or a postnup agreeing to it. 10 states have adopted the Uniform Probate Code, and in those states, spouse can elect to take a portion of the probate and non-probate assets. In 9 states, a spouse can take a portion of the probate assets, but only certain things in non-probate assets. In 21 states, a spouse can only take a part of the probate assets. So if it's set up so that there are no probate assets, the spouse can be completely disinherited. You'll want to follow my channel right now.