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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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What states allow an estate to go directly to a second spouse(new)

Customer Question

What states allow an estate to go directly to a second spouse(new) and disinherit children?
Submitted: 7 years ago.
Category: Legal
Expert:  Dave Kennett replied 7 years ago.

DearCustomer- All states permit a parent to disinherit their children by virtue of a will. If the parent dies without a will then the spouse will have to share the estate with the children of the deceased but if there is a will the testator can disinherit anyone except a spouse. The fact that it is a second or third spouse is irrelevant.


A POA has no validity after the death of a testator so it is also irrelevant with respect to an estate.


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