Can I Disinherit My Spouse?

Questions about how to leave your spouse out of your will? Call our Northglenn office at (720) 547-2319 or our Colorado Springs office at 719-249-2785 to schedule a free consultation with an estate planning attorney.

The short and sweet answer to this one is no. Fortunately for the spouse, but unfortunately for the person attempting to disinherit them, there is a thing called the “elective share” in Colorado. This elective share means that a spouse can choose a portion of the estate if intentionally disinherited.

Colorado Law Says No. Is There Still a Way?

Under certain circumstances, you may successfully disinherit your spouse. Although, this pretty much comes down to whether or not the spouse is willing to accept the disinheritance. If everyone is amicable to the situation, then a properly drafted estate plan can, in fact, disinherit a spouse.

Should the spouse later decide that turning down money was a bad idea, he or she can simply change his or her mind, take the money and run.

There are ways to protect your loved ones and give more assets to individuals other than your spouse. These techniques require the assistance of a sophisticated estate planning attorney.

Consult With Althaus Law Regarding Leaving Your Spouse Out of Your Will

To learn what strategies will work best in your situation, contact Jeff Althaus or Cristyn Kelly for a confidential consultation regarding your estate planning needs.