What should you know about disinheriting your spouse?
February 17, 2022
Disinheriting a spouse sounds like a harsh choice to make, but for some situations, it may serve as the best possible one. You may find yourself in a situation where it is beneficial to disinherit them, such as if you are in a second marriage and want your assets to go to your children from the first marriage.
You may have financial reasons to make this move, as well. But spousal succession laws in each state could potentially make it hard for you to actually do this.
Why should you disinherit?
Michigan Legislature looks into how assets end up passed down with regard to spouses. They state that your spouse will receive some of your assets even without putting them on your will. They also have the right to an elective share. This means that they can go through the process of contesting your will after your death, potentially having it changed and receiving a share of your assets.
This is why it is not sufficient to just remove your spouse from your will. Disinheriting them will allow you to do what you want with your assets, such as passing them to a different set of relatives who may need the financial support more.
Setting aside trusts
You can also set aside certain trusts, designating beneficiaries for each one. This means they do not have to go through probate, which will make it so your spouse does not have the chance to contest them.
Of course, disinheriting a spouse is not a common legal procedure. You may want to reach out for legal guidance while working through this possibility.