forced or unforced shares

The rights of the surviving spouse loom large when it comes to inheritance.  The surviving spouse often receives everything in the United States.  Indeed its fair to say the system is rigged that way.  However what about those who do not want to give everything to the surviving spouse.  The options exist from statute.

In California, its much easier to exclude, even fully exclude a surviving spouse. There are no forced shares in California.  In Probate Code § 21611 addresses this issue by stating a surviving spouse may be excluded if:

1) the exclusion is on purpose and made plain in the documents

2) There was a transfer made outside the estate plan meant to take care of the spouse and there is evidence of this

3) The surviving spouse does not want any inheritance

Of course the last one is obvious.  Though typically people want whatever inheritance they can get.  This provision is more relevant in more complex family situations, particularly in a second marriages, where litigation is more likely. 

   

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