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William Rambaum, PA Clearwater & Oldsmar Elder Law Attorney

Must I leave something to my spouse and my children in my will?

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The answer to that question is, if you don’t leave property to your spouse in your will, your spouse will still be entitled to make a claim against your estate for a percentage of your estate. A spouse is always entitled to an elective share of your estate. You can however disinherit children. You have no obligation to leave any amount of your estate to your children. There’s one exception, and that’s a minor child. You can’t disinherit the child from ownership of the residence.

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