Excluding a Spouse or Child From Your Estate Plan

Can I exclude my spouse from my Estate Plan?

Most states have legal protections in place to support a spouse's rights to a portion of your estate. These laws are designed to ensure that a spouse receives support, even if not included in the estate plan. The extent of these protections and benefits can vary significantly by state.

State-Specific Rule Examples

  • Estate Share: In certain states, a spouse may be entitled to claim a portion of your estate, regardless of whether they are excluded in the Estate Plan.
  • Residency Rights: Some laws allow a spouse to continue living in the primary residence, even if the property is bequeathed to another person.

Can I exclude a child from my Estate Plan?

There are many reasons for leaving a child out of your Estate Plan. Whatever your reason, you can choose to disinherit a child from your Estate Plan.

It's important to note that some states impose restrictions on disinheriting children, particularly those under a certain age. These laws may affect your ability to fully exclude a minor child from your estate.

Have more questions about exclusions?

For personalized guidance on spousal rights and to ensure your estate decisions are legally enforceable, consider incorporating Attorney Support (+$300) into your Estate Plan to consult with a qualified, state-licensed attorney.

Learn how to exclude people from your Estate Plan: How To Exclude Someone From Your Estate Plan

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