Does a Spouse Have the Right to Challenge a Will?


Video Summary

Sometimes when a person dies, the question arises of whether the decedent's spouse can challenge his or her will. This is particularly of interest of the spouse was not left anything in the will. According to the law, a spouse does have a right to a percentage of all assets the decedent leaves behind, so he or she can challenge a will in order to exercise that right.

The best protection if you do not want your spouse to have rights to your estate or you would like to stipulate a specific portion that he or she is entitled to is to execute a prenuptial agreement. Our firm does not currently deal with prenuptial agreements, but if you would like help in drafting a will to protect your assets, please call us at (727) 847-2288.