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Can You Disinherit Individuals in Your Free Will?

Subject to some limitations in your state, you can specifically leave individuals out of your last will and testament. Disinheriting means you are depriving an individual of property that would be given to that individual under the laws of intestacy (dying without a will or trust). If an individual you want to disinherit might expect to be included in your will, you should include a statement making it clear you intentionally omitted that individual.

If the individual you would like to exclude is your spouse, you should know that some states protect spouses from being disinherited. Therefore, you may need to consult a lawyer regarding your spouse’s right to receive a portion of your estate.

However, you are not required to provide for your children in your will. If you intend to disinherit a child, you should include a statement making it clear you intentionally omitted that child from your last will and testament.