In many cases, yes, you can choose not to leave property to a specific family member in your will. However, certain relationships, most commonly a spouse, may have legal protections under state law that limit how much they can be excluded, regardless of what your will says.
General information
- Spousal protections, sometimes called an elective share, can override a will's terms in many states.
- Children generally do not have the same automatic protections as a spouse in most states, though rules vary.
- Clearly stating your intent in your will can help reduce the chance of a successful challenge.
Service steps to consider
- Identify the specific person and property involved in your decision.
- Check whether your state provides automatic protections for a spouse.
- Consider an attorney consultation if you're disinheriting a spouse or expect the decision to be contested.
Quick check
- Do I understand my state's rules about spousal protections?
- Have I clearly stated my intent in my documents?
How Complete Wills can help
This is a common and sensitive question that Complete Wills' guided process is built to handle carefully. The questionnaire lets you specify exactly how you want property distributed, and attorney support is available to help you understand your state's specific rules, especially when a spouse is involved, since those protections can override what a will says.
Important limits
- State law may protect a spouse from being fully disinherited, and a licensed attorney can advise on your specific state's rules.
DRAFT - This article is newly written and has not yet been verified against a live Complete Wills source or fact-checked by the Complete Wills team. Confirm all details, especially pricing, attorney-support terms, and state availability, before publishing. Prepared September 14, 2026.