Disinherit your Spouse?

5 Nov 2023 · 1 min

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0:40

In this brief video, Jerry Taylor explains that most U.S. states have elective share laws that prevent a surviving spouse from being completely disinherited. The law gives the surviving spouse the option to accept whatever was left to them in the decedent’s estate plan or to claim a statutory share—typically one‑third to one‑half of the estate. He notes that community‑property states are an exception because assets are already owned jointly, so the elective share does not apply. Taylor ends with a call‑to‑action, directing viewers to his bio page for a newsletter and to work with him on estate planning matters.

Chapters

So this question asks, how do I get my fair share from my husband if he dies first but wants to leave everything to his kids? Here's the answer. Most every state has law, it's called elective share law. That means that you cannot disinherit your spouse. The law gives the surviving spouse the option to either choose what they were given in the plan or to take their elective share by law. In most states, that's between a third and a half of the decedent's estate, person who died. This is not the case in community property states because everything there is already jointly owned. Go to my bio page link for my newsletter and to work with me.