Can I Exclude My Spouse From My Will in Alabama?
Estate planning in Huntsville, Alabama, can be a bit tricky to navigate—especially if you need to exclude a spouse or other beneficiary from your will.
Regardless of your reasons for excluding a spouse or other individual from your will, the first step is understanding how these exclusions work and what your legal limitations are.
For example, even if you can write your spouse out of your will, that doesn't solve your problem. They'll still be entitled to a certain amount of inheritance regarding your overall estate under the Alabama Succession Laws. That means they'll have rights to any assets left out of your will.
In this article, we're going to go into detail about the parameters of a last will and testament in terms of what you can and can't do when it comes to excluding your spouse.
Read on to learn more.
The Parameters of a Will in Alabama
First thing's first: When it comes to writing your last will and testament, you get to pick and choose to whom and where the assets of your estate will be left to.
Your will denotes your last wishes for your property, investments, money, pets, and even your funeral. Essentially, what you say goes. Accordingly, you don't have to name your spouse in your will if you don't want to. However, excluding them becomes a matter of disinheriting the person.
There are several reasons why people choose to disinherit a spouse from their will, including:
Changing a Will after Divorce or Remarriage
Should your marriage end in a divorce and you enter into a new marriage, you'll probably want to name your new spouse in your will. Luckily, wills and revocable trusts can be amended. First, however, you'll want to ensure that you update the terms of your estate so that your named beneficiaries receive certain assets.
Your current spouse is entitled to spousal inheritance rights under Alabama law, which means they can end up being granted a large share of your estate. However, suppose you wish to give your children equal shares as beneficiaries. In that case, it may mean that your spouse will receive less than they expect or assume —this is something that should be determined in your will so that expectations are managed.
It's also something that can be achieved via prenup or a postnuptial agreement.
Changing a Will for Estrangement
While estrangement usually applies to the children that would gain an inheritance from your estate, it can apply to marriage as well, whether by will or intestate succession laws
If you're still married but estranged from your spouse, disinheriting them from your will is the next logical step. However, if you're estranged from a spouse already named in your will, the disinheritance process can become complicated. =
Amending a Will based on Individual Needs or Personal Irresponsibility
You may come to find that your loved ones have different pending financial needs that may be interrupted by a lack of financial responsibility.
For example, you have one child who wishes to attend a university while another child has started their own business. Both are high achievers, and you do not doubt that with the proper support, they'll be successful.
On the other hand, your spouse is financially irresponsible and cannot be trusted to maintain the necessary support of your children's endeavors.
In that case, you may want to structure your will and estate so that your children can receive more financial support and the money that would be left to your spouse won't go to waste.
Of course, when it comes to individual needs or the responsibility of managing an inheritance, other options are available. For example, it may be more beneficial to set up a trust to specify each inheritance amount and its use.
Whatever your reasons for wanting to disinherit your spouse from your written will in Alabama, you'll need to go through the correct legal processes. This will ensure that your estate ends up in the right hands.
What About My Other Assets?
It's essential to keep in mind that certain valuable assets don't apply to your will and, therefore, may not pass through it. These same assets also don't apply to the Alabama intestate succession laws.
The assets we're talking about here may include
Any property that you've transferred to a living trust
Your life insurance proceeds (if you have a policy)
Your retirement accounts, in some cases, including an IRA, 401(k), etc.
Any securities being held in a transfer-on-death account
Any payable-on-death accounts
Properties or businesses that you co-own with someone else
The above assets may be distributed to either the surviving co-owner or their named beneficiary—regardless of whether or not you have a will.
Suppose your spouse is named as a co-owner or beneficiary of any of the above. In that case, they will likely receive a portion or manage any assets involved in these accounts.
Choose to exclude your spouse from receiving any of the above benefits. You may have to legally name new beneficiaries for each account. However, surviving spousal rights in Alabama may keep you from doing so, especially if you pass away intestate (without a will).
The Alabama Intestate Succession Laws entitle your survivors to certain benefits. This law grants heirs to specific amounts of assets based on whether you or your spouse have children and whether you have children outside of that marriage.
Suppose you pass away without a will or a trust in place. Your only surviving children are from this specific marriage. In that case, your spouse will receive the first $50,000 of your intestate estate and half of whatever is leftover to be distributed fairly.
If you pass away with no surviving children, during probate your spouse will receive the first $100,000 of your estate and half of the remaining balance. Front here, your parents and siblings will receive a share of any leftover assets, respectively.
Of course, Alabama Intestate Succession Laws are technically finite. Therefore, if you wish to exclude your spouse from receiving anything, you would have to file for and finalize a divorce.
So, Can I Disinherit My Spouse from My Will?
The answer to this question is both yes and no.
You can disinherit your spouse from your will, but ONLY if they agree. Unfortunately, this also means if they disagree to be disinherited, you'll need to pursue other legal courses of action.
Alabama isn't a community property state. That means that your spouse is entitled to following a legal separation, divorce, and intestate inheritance, governed by the state domestics laws and not necessarily property law formulas.
In other words, there are specific limits set in place to protect spouses. Instead, prenuptial or postnuptial agreements provide certain contractual protections for the spouses in these circumstances.
How Can I Disinherit My Spouse in Alabama?
Regardless of whether your spouse agrees to disinheritance in Alabama, you'll need the help of an experienced wills and estates Huntsville attorney, like Sarah S. Shepard, to get the ball rolling.
Keep in mind that if your spouse doesn't agree to disinheritance, there are other options you can pursue. This includes negotiating a postnuptial agreement, a divorce, or creating new trusts within your will for any assets you don't want them to inherit.
Our law firm can help you efficiently navigate the intricate laws of spousal disinheritance as it relates to wills and estates. Contact us today to consult with a licensed Huntsville, Alabama attorney.