[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/surviving-spouse-is-not-easily-disinherited-new-york-ny-greenwich-ct\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/surviving-spouse-is-not-easily-disinherited-new-york-ny-greenwich-ct\/","headline":"Surviving Spouse Is Not Easily Disinherited","name":"Surviving Spouse Is Not Easily Disinherited","description":"People are not generally allowed to cut spouse off from inheritance. It is not a simple matter to disinherit your spouse, according to the Times Herald-Record in “A spouse’s inheritance rights no simple matter.” The details vary by state, but a surviving spouse has the right to make what is known as a “spousal election.” […]","datePublished":"2017-09-25","dateModified":"2023-08-05","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01b8d2ad936b.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01b8d2ad936b.jpg","height":143,"width":200},"url":"https:\/\/www.amorusolaw.com\/blog\/surviving-spouse-is-not-easily-disinherited-new-york-ny-greenwich-ct\/","about":["Estate Planning","Spousal Elective Share"],"wordCount":208,"keywords":["Estate Planning","Spousal Elective Share","Spousal Share"],"articleBody":"People are not generally allowed to cut spouse off from inheritance.It is not a simple matter to disinherit your spouse, according to the Times Herald-Record in “A spouse’s inheritance rights no simple matter.”The details vary by state, but a surviving spouse has the right to make what is known as a “spousal election.” This allows a spouse to elect to receive whatever is or is not given to her in the estate plan or to receive a certain percentage of the total assets of the estate. Commonly, this election is for between one-third and one-half in most states.The reason for the rule is that people felt there was a duty to care for one’s own spouse and that it would be wrong to leave a widow destitute.There are ways around the law, for example, if the spouses have entered a pre-nuptial agreement, but they are not ironclad.An estate planning attorney can advise you on circumstances that may arise for a surviving spouse, as well as creating an estate plan that fits your particular circumstances.Reference: Times Herald-Record (Aug. 31, 2017) “A spouse’s inheritance rights no simple matter.”For more information on asset preservation and estate planning, please visit my estate planning website."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Surviving Spouse Is Not Easily Disinherited","item":"https:\/\/www.amorusolaw.com\/blog\/surviving-spouse-is-not-easily-disinherited-new-york-ny-greenwich-ct\/#breadcrumbitem"}]}]