We have learned while watching the coverage of Michael Jackson estate that you do not have to provide for parents, siblings, an ex-wife or other family members. However, I thought I would take this time to address who you can not disinherit. You can not disinherit a current spouse; husband or wife.
If the will does not provide for a husband or wife, then the disinherited spouse can elect to take against the will. The assets which the spouse has a right to includes property passing under the will of the deceased spouse or by intestacy if the deceased spouse died without a will. In addition, assets conveyed during marriage, by the deceased spouse to himself or herself and another with rights of survivorships, are also included. Finally, assets that were given away within one year of death, to the extent that the gift exceeded $3000 or the statutory limit.
The elective share rule is an election that a spouse must affirmatively make in order to receive a 1/3 share of the deceased's estate.
Each state differs so to learn more contact our office at www.ythlaw.com or leave a comment.
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