Is it possible to intentionally omit spouse from taking under a will?

Is it possible to intentionally omit spouse from taking under a will?

A spouse may be intentionally excluded from taking under a will. However, a surviving spouse is entitled to claim an “elective share” of one-third of the decedent’s probate estate, regardless of what provision the decedent made for the spouse by will. This elective share may be waived in writing by the spouse, with full disclosure of assets (e.g., by pre-marital or post-marital agreement).


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