5 Surprising Ways to Disinherit Your Spouse (And How to Avoid Them)
Discover the 5 surprising ways to disinherit your spouse, and how to avoid them. Learn how to ensure that your assets are distributed according to your wishes.
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When it comes to estate planning, disinheriting a spouse is a common concern. However, it's not as simple as just writing a will that excludes your spouse from inheriting your assets. In fact, there are several ways to inadvertently disinherit your spouse, even if you don't intend to. Here are five surprising ways to disinherit your spouse, and how to avoid them:
1. Not Updating Your Will
If you've been married for a long time, it's possible that your will was written before you got married. If you don't update your will to reflect your current marital status, your spouse may be disinherited. Make sure to review and update your will regularly to ensure that your intentions are carried out.
2. Not Having a Will at All
If you don't have a will, your assets will be distributed according to the laws of your state, which may not reflect your intentions. Without a will, your spouse may not inherit anything, or may only inherit a small portion of your estate. Make sure to create a will to ensure that your assets are distributed according to your wishes.
3. Not Including a Spousal Waiver
If you have a will that leaves your assets to your spouse, but your spouse doesn't want to inherit everything, you can include a spousal waiver in your will. This allows your spouse to waive their right to inherit your assets, and instead, the assets will be distributed according to your will.
4. Not Considering Community Property
If you live in a community property state, your assets may be considered community property, which means that your spouse may have a right to inherit a portion of your assets. Make sure to consider community property laws when creating your will to ensure that your intentions are carried out.
5. Not Consulting with an Estate Planning Attorney
Finally, it's important to consult with an estate planning attorney to ensure that your will is properly drafted and that your intentions are carried out. An attorney can help you navigate the complexities of estate planning and ensure that your will is valid and enforceable.
