A surviving spouse can't be completely cut out of a will. Every U.S. state gives spouses an elective share, a legal right to claim part of the estate regardless of what the will says. In Alabama, that's 50% if there are kids, one-third if not.
And here's the question of the day. A few months before my father died, he went online and made a secret will cutting my mother out completely. Can he do that? Well, fortunately for your mother, Sarah, the answer to that is no. I'm fairly certain that every state in the country now has laws that would allow a spouse like this who has been disinherited in a will or a trust. It allows them to take what is known as their elective share. For instance, here in Alabama, the elective share law states that a spouse can take 50% of the deceased spouse's estate if they had children. If they did not have children, then they're limited to 1/3 of the deceased spouse's estate. This law varies widely from state to state. So if you're in this situation, check with a local attorney and make sure what the law is in your state. So the law would let the surviving spouse either take what they've been designated in the will or a trust, or they can take their elective share. And in most every state I know of, that
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