If a married man dies and leaves everything to his son in a valid will, is his surviving spouse entitled to anything?

Question

Douglas Tull · Answer

Depends.  A spouse in Michigan has certain  elective rights  to  take against the will and receive  of what she would have received from the probate estate of her deceased husband had he died without a will (intestate).  Because he died testate, the best she can do is her  of what she would have gotten election.  That said, a will (and probate) only operates as to assets that pass through probate  meaning if deceased spouse had all of his accounts joint with spouse, those assets won't pass through probate (they vest at death in the surviving joint tenant)  and so son would not get any of such joint assets  same with IRA's and 401k's and other qualified assets  and insurance   so, what the will says can mean nothing if none of the deceased spouse's assets pass through probate.

Randy Lish · Answer

Yes. The spouse is entitled to what is called an augmented share of the estate,regardless of what the will says. Basically, one spouse cannot completely disinherit the other spouse.

Edward Armstrong · Answer

The surviving spouse is entitled to make an election to take from the deceased spouse's estate not withstanding the will. She may elect to take 1/3 of his estate. She will need an attorney and the election may only be made for a limited amount of time after the person has died.

Christine James · Answer

Yes, her 1/2 of the community property. The only thing the deceased can give in his will is his 1/2 of community property and his separate property.

Charles Perry · Answer

The surviving spouse is entitled to her community property interest in any property held by her husband (either in his sole name or jointly). She is not entitled to any part of the husband's community property interest, and is not entitled to any part of his separate property.

Mark Schaefer · Answer

Yes, she can file a petition for Year's Support. The petition must be filed within 2 years of death and before remarriage.

Robert S. Poydasheff · Answer

She can petition the court for a "year's support."  It trumps other beneficiaries' claims.  You should hire a lawyer who practices in probate to assist you.

James Frederick · Answer

That would depend on a number of factors. If the man does this under a Will, then the wife can "elect to take against the Will." She would be entitled to a significant portion of whatever is in the estate.  She may be entitled to it anyway, if all of the assets are jointly held.  He should really have an estate planning attorney review his situation to determine what he can do and how best to achieve his objectives.

Roman Aminov · Answer

In New York, there is a spousal right of election of up to 1/3 of the estate of the decedent. You should speak to an estate planning/probate attorney to discuss your options. Time is certainly of the essence.

Jayne Sebby · Answer

Most states require a portion of the estate to go to the spouse.  However, if the will clearly states that the wife is deliberately being left out for a specific reason (perhaps she has her own money or the child is disabled and unable to support himself), the spouse may not have a claim against the estate.

Norman Green · Answer

Not from his estate.    However, if she is not even mentioned in the will, then she gets all community property and half (if the son is an only child) of the separate property.

Victor Waid · Answer

Yes, the surviving spouse can claim a her share of the community property estate, ie your one half of the community property, which is all property acquired during and as a result of the marriage, and a share of the decedent's one half of the community property.

Edwin K. Niles · Answer

If the property was acquired with earnings during the marriage, it might be considered to be community property, in which event the spouse owns half.

Brian Haggerty · Answer

In Oregon, yes. You may "elect against the will." This must be done within a few months after the person passes away. The share you are entitled to will vary depending on how long you were married.

Christian Albut · Answer

Depending on several factors, you may file a spousal petition to seek any community interest that may exist in the subject property.

John Brennan · Answer

In Michigan, yes, some of the property or value. See an attorney for and explanation of your rights under the law.

Bernard H. Greenberg · Answer

Yes she is. A surviving spouse has a right of election against the decedent's Will unless this right has been waived in a valid marital agreement. The surviving spouse should contact an attorney specializing in estates for further information. Delaying doing so may prevent her from pursuing any claims against the estate.

Frances Headley · Answer

In California, a spouse is entitled to her half of the community property and the other spouse can not give that to anyone else. Other separate property may be willed to anyone that the person desires to leave it to.

Neil Lehto · Answer

A surviving spouse may elect to take one half  of the amount that would have passed to the spouse if the testator had died without a will or she may take a dower right, which is a right to a life estate in one-third of the entire estate. The executor must serve the surviving spouse with a notice which gives the spouse 60 days to file the election.

Mark T. Peters · Answer

In Idaho, you have community property. To the extent his property was community, you are entitled to one-half. If he bequeathed separate property, you may be entitled to about $60,000 of the property. You should contact an attorney and go through the details with him or her.

James Oberholtzer · Answer

Yes, the surviving spouse has a right to a statutory share. The amount depends on whether the child is her natural child or not.

Kathleen Delacy · Answer

If will was made before he was married she is entitled to % pursuant to Delaware code. If made after marriage she can opt for share of spouse also pursuant code.

Dara J. Goldsmith · Answer

Possibly. In Nevada if the estate is under $100,000 the surviving spouse is entitled to it all.  There are also issues with community property. A trust may be a better option. This should be addressed with an attorney, it is not a simple question.

Jeffrey Gottlieb · Answer

Surviving spouse can renounce the Will and take her forced share (1/3 of estate).

Norman Reitz · Answer

The married man can leave all of his separate property to his son in a valid will and his share of the community property.  The spouse keeps her 1/2 share of the community property.

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If a married man dies and leaves everything to his son in a valid will, is his surviving spouse entitled to anything?

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