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Impact of Remarriage on Estate Planning and Inheritance
https://legiswiki.com/en/p/10178/impact-of-remarriage-on-estate-planning-and-inheritance
Remarriage can significantly affect estate planning and inheritance, impacting both the distribution of assets and the rights of beneficiaries. Here are some key considerations: 1. Estate Plan Updates Remarriage often necessitates updating an existing estate plan to ensure it reflects the new famil...
Disinheritance of Children in New York Estates
https://legiswiki.com/en/p/10176/disinheritance-of-children-in-new-york-estates
In New York, parents have the legal right to disinherit their children. This means a parent can exclude a child from inheriting any part of their estate by either expressly stating the disinheritance in a valid will or by simply not making any provision for the child in their estate plan. Key points...
Elective Share Rights in New York Estates
https://legiswiki.com/en/p/10175/elective-share-rights-in-new-york-estates
In New York, the Elective Share is a legal right that protects a surviving spouse from being completely disinherited by allowing them to claim a statutory portion of the decedent’s estate, regardless of the will’s provisions. This right is governed by New York’s Estates, Powers and Trusts Law (EPTL)...
Treatment of Debts in Utah's Equitable Distribution Framework
https://legiswiki.com/en/p/10027/treatment-of-debts-in-utahs-equitable-distribution-framework
In Utah's equitable distribution framework, debts incurred during the marriage are treated as marital debts and are subject to fair division between spouses upon divorce. The key points regarding the treatment of debts are as follows: Marital vs. Non-Marital Debt: Debts acquired during the marriag...

Disqualification Of Spouse

Disqualification of spouse refers to legal rules or statutes that prevent a spouse from exercising certain rights or privileges typically granted to them by law, often in the context of testimony, inheritance, or estate rights.

There are two main contexts in which "disqualification of spouse" is commonly discussed:

  1. Spousal Disqualification in Testimony (Marital Privilege):
    This rule prevents one spouse from testifying against the other about private marital communications during the marriage. The rationale is to preserve marital harmony and confidentiality, considering spouses as a single entity sharing one interest. Even if both spouses want to disclose such private conversations, the law bars this testimony to protect the sanctity of marital communications. For example, in the 1988 Massachusetts case Gallagher v. Goldstein, private conversations between spouses were excluded from evidence under this rule.

  2. Disqualification as Surviving Spouse in Estate Law:
    Under laws such as New York's Estates, Powers and Trusts Law (EPTL) Section 5-1.2, a surviving spouse may be disqualified from receiving an elective share or inheritance from the deceased spouse's estate under certain circumstances. These include:

    • If the marriage was legally ended by divorce, annulment, or declared void (e.g., incestuous or bigamous marriage).
    • If the surviving spouse failed to support the deceased spouse despite having the means.
    • If the surviving spouse exercised undue influence over the deceased to obtain the marriage or estate rights.
      For instance, in the 2018 case Matter of Hua Wang, a spouse was disqualified due to undue influence over the decedent.

In summary, disqualification of spouse can mean either the exclusion of spousal testimony about private marital communications in legal proceedings or the legal barring of a surviving spouse from inheritance rights due to specific disqualifying factors such as divorce, void marriage, failure to support, or undue influence.

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