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Most jurisdictions in the United States have laws that protect spouses from disinheritance. Even if the testator excludes a surviving spouse from taking under a will, the state laws will automatically provide the surviving spouse with a statutory share in the estate. In that case the surviving spouse needs only to file a claim with the probate court. You should speak with an attorney who can review your situation and explain your options under your state laws. It should take only a single visit and you will know your rights under state law in the event of your spouse's death.

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15y ago

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