Is there a legal document that can be signed to effectually make a spousal claim null entirely or do we have to change every account individually?

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Is there a legal document that can be signed to effectually make a spousal claim null entirely or do we have to change every account individually?

I have a somewhat odd case. My parents are legally married but have been living separately for many years. They never legally separated and do not want to spend the money on a divorce. In the event that my mother passes away she wants the entire estate to go to me not my father. He has agreed to this saying he wants nothing- the house, cars, accounts, etc. and he too wants it to go to me.

Asked on February 7, 2012 under Family Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

It really is not as odd as you might think.  But you are going to need help from an attorney in your area to know for sure of the law in your state will allow each to waive their rights to the other's estate. Generally speaking you can not disinherit a spouse.  In New York, however, you can have an agreement to waive but it must be in what is known as recordable form.  Please seek legal help. Good luck.


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