Can a surviving spouse file a claim when they are not listed as the beneficiary in the will?

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1274579

2026-05-19 21:31

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Yes. In most states in the United States a spouse cannot be disinherited by a will. The spouse can file a claim under the doctrine of election. By filing such a claim, the surviving spouse is generally awarded an intestate share of the estate. You should consult with an attorney in your jurisdiction who can review your situation and explain your options.

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