NT - Will

[ILLMAS]

Can a husband or wife exclude each other in a will if there is properties involved?  For example, Jane with her husband co-owned various rental properties, Jane passes away and in the will Jane leaves everything to her adult children and nothing to the husband. 

[Lion EA]

Check with your state law.  Depending on how held, and if not a community property state, Jane's percentage could pass to her children while husband still owns his percentage.  Cultivate a friendly, local lawyer.

[Jack from Ohio]

That is definitely a question of law in your state.  The persons involved need to consult an attorney experienced in probate issues for your State.

[Catherine]

With all of the above caveats noted, there is often a way to do it.  However, it usually involves very specific wording and other requirements.  You must, must, MUST get a lawyer who is expert in the field to be certain it is done correctly.

[TAXMAN]

An attorney that knows estate tax law in your state is an absolute must. I have seen the things blow up after one spouse dies thinking I get it all.

[ILLMAS]

FYI TP has been referred to an attorney.

[Roberts]

Yes it's very possible. I purchased a will writing software program ($9.99) for the wife and I to produce our wills. There were options on doing just this sort of thing. The spouse needs to sign off on your intentions in most states or it'll be voided. We aren't a community property state but the law makes it pretty clear you aren't allowed to exclude your spouse from assets both generated. Locally, a judge would throw out a will that essentially made the spouse destitute. They essentially look at it as someone attempted to manipulate the situation or it was intentional to shift expenses upon the state (medicaid).

For example, had a client of a tax client worth about $1.5 million and tried to shift all the assets to the children so his wife (diagnosed with Alzheimer) would go into a state funded nursing facility and save the money. The judge voided the will and attributed half the money to the spouse and half as the will had dictated.