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Surprise! You Can’t Easily Disinherit Your Spouse

Understanding Spousal Rights in Estate Planning Many people assume that if they write a will leaving everything to their children, a charity, or a favorite nephew, that’s the end of the story. But estate law has a twist that surprises even the most prepared clients: you usually can’t disinherit your spouse. In most states, the law protects surviving spouses from being completely excluded from an inheritance even if a will states otherwise. These rules exist to prevent unfairness and financial hardship, but they can also complicate blended family plans or second marriages. Let’s break down what this really means, why it matters, and what you can do about it.