Can a wife be cut out of her husband’s estate?
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Can a wife be cut out of her husband’s estate?
My husband passed away unexpectedly. He was retired and I still am working. My husband’s Will was made before we even knew each other, so of course I am not in it. His brother is the executor and wants to cut me out completely. We were planning on updating the Will’s but he died 3 months before that. Can his brother excluded me just because we have never liked each other?
Asked on March 28, 2015 under Estate Planning, Colorado
Answers:
Gregory Abbott / Consumer Law Northwest
Answered 9 years ago | Contributor
You should review everything with a local probate attorney. IF his Will was made prior to his marriage, it likely was automatically revoked by the marriage and has no validity. Even if not, a spouse cannot be totally disinherited. It is likely that your husband died without having a legal Will and his assets will go according to law - in most states that would be all to you or, if he had children that were also not your's, half to them and half to you. Go see a probate attorney to protect yourself!
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