Writing a non-spouse out of one’s estate may be easier than preventing a spouse from benefitting after an estate planner’s death. Spouses often have rights to the property of their partners when those partners’ die, but if a couple had a prenuptial agreement in place then the estate planner’s goal may be met. When a surviving spouse acknowledges that they have released their rights to their spouse’s property, it may be possible to eliminate them as a beneficiary.
Cutting someone out of an estate plan takes careful wording and a clear presentation of the estate planner’s intentions. Preparing such a plan may be undertaken with the help of an estate planning attorney to avoid any possible omissions or mistakes.