Can I disinherit my spouse or child in Wisconsin?

1. Spousal Disinheritance. Wisconsin is a marital-property state under the Wisconsin Marital Property Act (Wis. Stat. ch. 766), effectively community property. Each spouse owns an undivided one-half interest in marital property. A decedent may dispose of only their one-half of marital property and all of their individual property.

2. Augmented Estate. Wisconsin has an augmented-deferred-marital-property elective share under Wis. Stat. § 861.02. The surviving spouse may elect up to 50% of the augmented deferred marital property estate, capturing pre-1986 acquisitions and certain non-marital transfers that would otherwise escape marital-property treatment.

3. Elective Share Procedure. The election must be filed within the time for filing claims against the estate or six months after the will is admitted to probate, whichever is later, under Wis. Stat. § 861.11.

4. Pretermitted Child. Under Wis. Stat. § 853.25, a child born or adopted after the will is executed who is not provided for receives an intestate share unless the omission was intentional or provided for outside the will.

5. Intentional Disinheritance of Child. Adult and known children may be entirely disinherited; no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Wisconsin.

7. Prenuptial / Postnuptial Waiver. Wisconsin has comprehensive marital property agreement provisions under Wis. Stat. ch. 766, and premarital agreements under Wis. Stat. § 766.58 are enforceable with voluntary signing and adequate disclosure.

8. Homestead, Family Allowance, Exempt Property. Selection of personal property under Wis. Stat. § 861.31, family allowance under § 861.35, and homestead under § 861.33, all in addition to marital-property and deferred-marital-property rights.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, or improper execution; objections filed in probate court within the limitations period after notice.

This is legal information, not legal advice.