Close relatives such as spouses, children and grandchildren have the legal right to claim inheritances, and in limited circumstances, these legal rights can override a will. Read on to learn how the inheritance process works.
Spousal Inheritance Rights
In most cases, surviving spouses can’t be cut out of wills completely. In community property states such as Alaska, Arizona and California, special rules exist as to what spouses own and are allowed to claim. Essentially, spouses own half of the other’s earnings during the marriage, unless there’s a written agreement stating otherwise. Spouses can do as they please with their half of the property, and with their separate property. Kistemaker Business Law Group can evaluate your case and give you specific advice.
Non Community Property States
In states without community property laws, there’s no rule governing property acquisition during marriage. However, to keep a spouse from being disinherited, most states allow the surviving spouse to claim up to half of the deceased person’s estate, no matter what’s set forth in the will. In a few states, the claimable amount depends on the length of the marriage.
Children’s Inheritance Rights
Typically, children have no automatic inheritance rights-;but in very limited circumstances, children can be entitled to a share of a parent’s property. For instance, in Florida, the state constitution prevents a head of household from leaving a residence to someone other than a minor child or a spouse.
Most states have accidental disinheritance laws, which usually take effect if a child is born after a will is made leaving assets to siblings. Laws presume that parents don’t intentionally leave the newest child out, but that they instead forgot to revise the will. In such situations, the left-out child may be able to claim some of the parent’s assets.
In certain states, inheritance laws not only apply to children, but to grandchildren of a person who has passed away. If you decide to cut a child out of your will, that document should clearly state your intentions-;and if you have another child after your will is made, revise the document. If you need help revising your will, call Real Estate Law Firm Daytona Beach area.
