My Spouse Cut Me Out of the Will—Now What?
Christina Lamm Nassau Lawyer, Vol. 69 No. 7 “My Spouse Cut Me Out of the Will – Now What?” March 2020
The freedom to dispose of one’s assets how he or she sees fit is one of the basic maxims of American society. Very few restraints are placed on the testamentary freedom of an individual. As long as he has capacity, Dad can leave all of his assets in trust for his prized parakeet, leaving nothing to his children.
One of the few restraints on alienation is the inability to completely disinherit a spouse. The ability of a surviving spouse to claim a portion of a decedent’s estate when the decedent left him or her little or nothing is called the right of election
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