Can You Disinherit Your Spouse

My question involves estate planning in the state of: My mother is in bad shape If my mother passed away and left a will disinheriting my stepfather who left when she was diagnosed with terminal cancer what can I do to make sure he gets nothing as per her wishes. Or what steps can I take now to ensure he gets nothing. Keep in mind he is uncooperative and won't even answer a call.. She only has a piece of land in her name only purchased before the marraige and a double wide mobile home in her name on the land they just purched last year due to a fire destroying the previous home that was originally there. She also owns a vehicle in her name only.

We need to know where you're located.

Right.. Sorry Pennsylvania

Step dad has a legal equitable interest in assets acquired during the marriage regardless of how titled as they were not kept separate. She can bequeath her interest in them, not his.

If some way I can talk to him and get him to sign a quit claim would that work? And what about the vehicles if she wills them to a specified beneficiary? Also if he signs a quit claim is it like a will that can be prepared at home or need to be notarized or attourny drafted or where would I go to make it legal?

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Aso the double wide is not set on a foundation just yet as they just had a fire.. It is however on the property...

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And they resided at an apartment not on the land in question for the last year

If you have a specific question about what will be deemed property or property converted for reasons of equitable distribution I suggest mom consult a PA divorce or estate lawyer with all the specifics.

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Quoting Angiediggan

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If some way I can talk to him and get him to sign a quit claim would that work? And what about the vehicles if she wills them to a specified beneficiary? Also if he signs a quit claim is it like a will that can be prepared at home or need to be notarized or attourny drafted or where would I go to make it legal?

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Aso the double wide is not set on a foundation just yet as they just had a fire.. It is however on the property...

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And they resided at an apartment not on the land in question for the last year

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I'm not certain what you are having him sign a quit claim to. He can't quit claim that which he does not own.

Your Mother can disinherit him in her will. However, he is entitled to claim a surviving spouse's elective share even if the will disinherits him.

http://www.legis.state.pa.us/cfdocs/...&div=0&chpt=22

If she's still mentally competent, she can consider filing for divorce.

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Quoting harrylime

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I'm not certain what you are having him sign a quit claim [sic] to. He can't quit claim that which he does not own. (?) . .

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Not so!

The stepfather is free to quitclaim unto the OP's mother not only her land, but Independence Hall, the U. S. Mint and the Navy Yard!

Anyone having any experience in the practice of law knows full well that a QCD is commonly used to effect a release of the named grantor's current or future right, title and claim to specified real property; whether or not such an interest actually exists. And that such a deed carries with it no guarantee or warranty of title, or marketability. Or even that the description is accurate or that the ground is above water.

(Incidentally, the English n. ; v. t., "quitclaim" (as in a "quitclaim deed", or in its use as an action word) is spelled as one not two words.)

If you look at his posting history, I expect you will agree that harrylime would not argue with your clarification, as it's really basic stuff and he knows his stuff. If you review the context for harrylime's remark, you will find that the context is the question of whether having stepdad sign a quitclaim deed now would prevent him from later inheriting the property that is subject to the quitclaim deed. In context, harrylime was indicating that it would not.

As for alternative spellings, although "quitclaim" is the most common spelling, the alternatives "quit claim" and "quit-claim" are not particularly rare.