ABA Family Legal Guide

Estate Planning

Wills

Can I disinherit my spouse and children?

You usually can't disinherit your spouse. State laws generally entitle a surviving spouse to take a portion of the deceased spouse's estate—regardless of the deceased spouse's will or estate plan.

The situation with children is dramatically the opposite. Except for Louisiana, every state permits you to disinherit your children. However, to be effective, it's better if your intent to disinherit is express, which usually means it has to be stated in writing.