Post by J.D. Baldwin Post by A Friend
There are some jurisdictions in which a person can't disinherit
their spouse and/or children. If this is enough money to worry
about, see a lawyer. Now.
This isn't really correct or useful, though if you want true,
professional legal advice, you should see an attorney. But I think
that guy will tell you the same thing you are about to read.
At common law, you could not completely disinherit a spouse. A
surviving spouse gets a particular minimum share of the decedent's
estate no matter what. (The size of the particular share varies by
jurisdiction, but not by all that much.) Children, on the other hand,
may be disinherited for any reason or for no reason.
Forty-nine U.S. states are common-law states, and all follow the above
rule in both cases, spouses and children. There is one oddball non-
common-law state, though: Louisiana. Louisiana is not a common-law
state, but inherited its fundamental body of law from the French.
Their law provides that a child under 24 or a child of any age who is
incpacitated (that is, *severely* incapacitated) is entitled to a
"forced" share of the estate. But those are pretty narrow
circumstances and they won't apply in many cases.
There are jurisdictions beyond the United States.
I have read that Sweden prohibits disinheriting children and I
believe France has laws that predetermine the broad picture of
any estate's division rather than letting one's "will" prevail.
(I've lately been having issues getting the December 2011 death
of my mother properly registered in Norway,though paperwork SHOULD
have gone through...I need to sell the condo apartment she bought for
my grandmother and her will (leaving the apartment to me) AND the
death need to be properly registered there for me to sell it.
And I'm told that had she registered my birth with the Norwegian
authorities in 1961 (when she was a resident alien in the USA
before 1970 naturalization) the will would not be necessary because
I would have inherited automatically under Norwegian law provided
I had no father or siblings(my father died after my mother,my
only sibling died before I was born)) with no will being necessary).
I've also read that under English law,but not Scottish,if someone
who has written a will subsequently marries,that voids the will.
The World Trade Center towers MUST rise again,
at least as tall as before...or terror has triumphed.