A surviving spouse cannot be completely disinherited. Every U.S. state gives spouses an elective share of the estate. In Alabama, a spouse with children can claim 50% of the estate, though the exact percentage varies by state.
A few months before my father died, he went online and made a secret will cutting my mother out. Can he do that? The answer to that is no. Every state in the country now has laws that would allow a spouse like this to take what is known as their elective share. For instance, here in Alabama, a spouse can take 50% of the deceased spouse's estate if they had children. This law varies widely from state to state. 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 Jerry Taylor.
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