# Can't legally disinherit a spouse?

**URL:** <https://boards.straightdope.com/t/cant-legally-disinherit-a-spouse/430915>\
**Category:** Factual Questions\
**Created:** [December 22, 2007, 7:41am UTC](https://boards.straightdope.com/t/cant-legally-disinherit-a-spouse/430915 "2007-12-22T07:41:58Z")\
**Posts on this page:** 1\
**Page:** 2

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**Author:** ![Rubystreak](https://avatars.discourse-cdn.com/v4/letter/r/e5b9ba/32.png) [@Rubystreak](https://boards.straightdope.com/u/Rubystreak)\
**Post date:** [December 23, 2007, 4:13pm UTC](https://boards.straightdope.com/t/cant-legally-disinherit-a-spouse/430915/21 "2007-12-23T16:13:40Z")

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[QUOTE=A.R. Cane]  
I know that you can exclude an adult biological offspring from inheritance, as I’ve been advised, on several occassions, to include a reason for doing so, in order to make the will more safe from contestibility, but I’d have to see a cite that allows minor children to be excluded. Not saying it’s immpossible, but I think it would require some unusual circumstances and I doubt it’s spelled out in existing statutes.  
[/QUOTE]

Aside from being told this by an actual estate attorney (the discussion was about how to make provisions for a child not born yet, and in that conversation she said you can legally disinherit a child, but you had to do it explicitly, or it would be assumed you just accidentally omitted the kid and he would get a share). Not having the time to dig through Google for a cite that would be acceptable, I offer [this](http://72.14.205.104/search?q=cache:UOlzNsN2L8QJ:action.aclu.org/site/PageServer%3Fpagename%3DPG_nolo_Wills_FAQ+disinherit+minor+child+NY&hl=en&ct=clnk&cd=9&gl=us) and [this](http://sonora.family.findlaw.com/marriage/family-inheritance-rights(1).html) as the best I can do. I’m talking about NY. I’m pretty sure other states are different. A lawyer could do better at explaining this.

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