Why You Should Not Omit Your Spouse From Your Will

According to a recent study, more than 60 percent of adults in America have not yet created their estate plan. Failing to create an estate plan can leave you and your family without the protection you may need if the unexpected occurs. Still, it is important to understand how the law applies to your case to ensure your plan is right for you and provides the protection you need.

Determining who will inherit your property after you pass away is an extremely personal decision. It can also be quite complicated. For example, if you have informally separated from your spouse but you are not divorced, you may want to exclude them from your estate plan. This is a mistake and will not ensure your final wishes are respected.

The Elective Share Statute 

In Florida, the elective share law is meant to protect surviving spouses by providing them with a 30 percent share of their spouse’s estate. Your surviving spouse can use the elective share law to contest your will if you have excluded them from it. One of the most common reasons for probate litigation after the death of a spouse is the elective share law. If you want to omit your spouse from your will, it is essential that you speak with a lawyer to discuss how to do it.

Grounds to Contest a Will 

If your spouse feels as though you have unfairly excluded them from your will, they may have a legal right to contest the document. Your spouse may argue that someone close to you, such as a family member or close friend, manipulated or pressured you into excluding them from the will. Or, your spouse may state that you were not of sound mind at the time you excluded them from your will. Regardless of the grounds your spouse uses to contest the will, probate litigation is a time-consuming and expensive process.

Protecting Non-Probate Assets from Your Spouse 

You may be able to ensure that property that does not pass through probate is not inherited by your spouse upon your death. For example, if you have a retirement account or life insurance policy, you may be able to designate another person as the beneficiary instead of your spouse. When trying to protect non-probate assets from your spouse, it is important to speak to an attorney. There may be other laws that might allow your spouse to contest being disinherited from this type of property.

Call Our Wills and Trusts Lawyer in Daytona Beach for Legal Help 

State law in Florida does make it very difficult to disinherit your spouse. Still, there are ways you may be able to protect your property and leave it for other beneficiaries. At Bundza & Rodriguez, our Daytona Beach wills and trusts lawyer can explain what these are so your estate plan reflects your wishes and ensures they will be fulfilled. Call us today at 386-252-5170 or chat with us online to schedule a consultation with our experienced attorney and to get the legal advice you need.

Sources:

caring.com/caregivers/estate-planning/wills-survey/

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/0732.html