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.
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