A father secretly wrote a will cutting out his wife Sarah entirely. Attorney Jerry Taylor explains that in nearly every U.S. state, a surviving spouse can't be disinherited. They're legally guaranteed one-third to one-half of the estate, no matter what the will says.
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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? 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 to take what is known as their elective share. 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. Most every state I know of, that runs from a third to 50% of the deceased spouse's estate. Now go to my link and get on my newsletter.