Some people don’t like their spouse. Idaho has a law [Idaho Code Section 15-2-406] that allows a married person to disinherit his or her spouse.
§ 15-2-406. LIMITATIONS ON EXEMPT PROPERTY AND HOMESTEAD ALLOWANCE BY WILL
The decedent may provide by will that a surviving spouse, and/or adult children, but not minor or disabled children:
(1) Are not entitled to any exempt property or homestead allowance; or
(2) Are entitled to limited exempt property or a limited homestead allowance, as provided in the will; but
(3) May not condition such elimination or limitation upon whether the estate of the decedent is subject to a claim for estate recovery for medicaid benefits paid to the decedent or to a spouse of the decedent.
Another reason someone may elect to disinherit his or her spouse is to protect at least one-half of the family assets should the surviving spouse apply for government benefits to help pay for long-term care expenses. The first spouse to die may state in their “Last Will and Testament” that his or her one-half of the community property and all his or her separate property will not be distributed to the surviving spouse/ Instead, the property will be placed in an irrevocable trust that can be used to help support the surviving spouse in a manner that does not interfere with government assistance to pay for long-term care. Using this technique to protect family assets is complex. If you want to pursue this asset protection planning method, you may want to consult with a Certified Elder Law Attorney.
