Your estate plan is the set of documents that you use to say who gets your stuff when you go. It is also where you can say who doesn’t get any of your stuff — with some important exceptions.
In most states, you can disinherit everybody but your spouse. You can even disinherit the IRS. Louisiana requires you to leave something to each of your children. In every other state, you can cut out the kids, but not your spouse. Spouses traditionally had ongoing support rights expressed in a variety of ways.
The bottom line is that if you want to leave nothing to your spouse, you will need to have him or her agree to that in a prenuptial agreement before the wedding. Of course, following up a marriage proposal with a request that your beloved sign a “prenup” is not the most romantic move. It has even been known to derail wedding plans. Some states also allow married couples to use postnuptial (after marriage) agreements to accomplish the same results as a prenup. Suggesting to your spouse that you enter into a postnup may not lead to good results, either, but at least you know that the option may be out there.
So to exclude someone (other than your spouse), just say that so-and–so is being omitted deliberately. But use the person’s name — don’t call the person a “so-and-so” unless you want to invite a libel lawsuit against your estate.
EST8PLANNING COUNSEL LLLC
Scott Makuakane, Counselor at Law
808-587-8227 | maku@est8planning.com
Est8planning.com
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