Distribution of assets

After a marriage, can one spouse make a will that states, all furnishings in their joint home can be removed by that spouse’s children leaving the remaining spouse nothing?

Asked on June 14, 2009 under Estate Planning, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The specifics are unclear.  Is the property and its contents jointly OWNED with rights of survivorship? Not necessarily jointly lived in.  It appears that this is not your spouse's first marriage and he has children from a prior relationship.  First, your spouse can not give away what is yours and second, you can not be disinherited from the estate.  Our spouse can write whatever he/she wants but you have the right to contest what is written when the Will is offered to the Court for Probate and distribution of the assets. 


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