Can a man write his elderly wife out of his will?
2 Answers | Asked in Estate Planning Law for Florida on Dec 4, 2012.
Answered On Dec 5, 2012
If he does, she can elect against the will and get an automatic 1/3rd of the estate, roughly. Consult with an attorney in your area.
Answered On May 2, 2013
Yes but joinly owned assets would not be affected. In addition, the wife, if she survived him would be eligible to file an elective share against his elective estate. This is different than a probate estate and she could elect to receive 1/3 of his elective estate if a timely election was filed with the probate court.