Can a wife be cut out of her husband’s estate?

UPDATED: Mar 28, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 28, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Gregory Abbott / Consumer Law Northwest

Answered 7 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!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption