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 5 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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