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Can You Disinherit a Spouse in Massachusetts?

Disinheriting a spouse is not always an act of malice.  Sometimes there are specific family assets you want to make sure go directly to your children.  Your spouse may have ample assets of their own.  Or you may be in the process of divorce and want to be sure that your assets are distributed as you wish if something happens before the divorce is final.

Massachusetts has a required spousal share, meaning that no matter what you put in your will, your spouse will receive a percentage of the probate assets.  Remember that not all assets are probate assets.  Your retirement and most investment funds have beneficiary designations that you can change at any time.  Other assets can be put into a trust so that they distribute outside of probate.

In short, there are ways to structure your estate plan to accomplish your goal even in light of the spousal share requirement.



Learn more here about the spousal share in Massachusetts.

Need Help With Your Will?

Contact Us
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​Sharon MA 02067

(781) 784-2322
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  • Home
  • Estate Planning
    • Massachusetts Wills and Trusts
    • Why You Need an Estate Plan
    • Massachusetts Estate Tax
    • Inheritance Tax
    • How to Make an Estate Plan
  • Employment Law Solutions
    • Employment Law MA
    • Employment Termination
    • Sexual Harassment at Work >
      • Sexual Harassment in a Small Business
      • Sexual Harassment and Non Disclosure Agreements
      • Sexual Harassment and Remote Work
    • Wage and Hour Laws
    • Independent Contractor Law
    • Non Compete Agreements >
      • Are non competes enforceable
      • Massachusetts Non Compete Act
      • Pre 2018 Massachusetts Non Competes
    • Equal Pay Act
  • Business Law Solutions
    • Small Business Law
    • Business Contract Basics
    • Civil Suit Defense
    • Legal Issues for Start Ups
    • Trademark Basics
    • How to Incorporate
    • Sale of Business
  • Attorneys
    • Emily Smith-Lee >
      • 2018 Lawyer of the Year
    • Jenna Ordway
    • Rebecca Rogers
    • Stowell Simonton
    • Elijah Bresley
  • Reviews
  • Blog
  • Contact