Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question. Please permit me to assist you with your concerns.What is required to satisfy 'spousal consent' is a written agreement signed by the spouse where the distribution is not going to be contested based on the prenuptial conditions. Anything else is not considered sufficient 'spousal consent' and could give the surviving spouse the right to contest the formal agreement and potentially seek an elective share against the estate.As for exclusions, if any of the parties choose to contest the prenuptial conditions, then the estate remains open until the courts evaluate which conditions will be followed, be it state law automatic provisions, provisions of the will that are not otherwise in violations of state law or are not being contested, or the prenuptial conditions. Heirs themselves cannot exclude those who have a natural right to the inheritance, only contractual terms or obligations, or court orders can do so. But otherwise spouses cannot be excluded from the distribution.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).