(In all likelihood, spouses in these 10 states would be awarded a full 50% by a state court.) While you have the right to write a Will that provides your surviving spouse with less than half of these earnings, in these 10 states a surviving spouse has the right to contest the Will and request that he or she receive the full 50%. Alaska is an opt-in community property state, which gives both parties the option to make their property community property. Community PropertyĪrizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are all “community property” states, meaning that, in the event of death or divorce, spouses are entitled to half of all earnings amassed during the marriage, including any property purchased with those earnings. While you can legally leave your property to whomever you like, there are some limitations, specifically involving surviving spouses. In some cases, inheritance rights can override the arrangements you've made in your Will.
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