Spousal Rights
Learn about spousal rights in estate planning, including inheritance protections, elective share laws, and how marriage affects wills and trusts in your state.
What happens if my spouse dies without including me in their will?
Most states protect surviving spouses through "elective share" laws that allow you to claim a portion of your deceased spouse's estate, even if their will leaves you nothing. The exact percentage varies by state, but it's typically between one-third and one-half of the estate. Some states also have "homestead" protections that let you stay in the family home. These laws exist because marriage creates certain legal rights that can't be completely eliminated by a will alone.
