In South Dakota, Can I Disinherit My Wife?


No. In South Dakota, married persons may not completely disinherit their surviving spouse, unless the spouse agrees. While it is true that you may dispose of your property in almost any way you wish through your Will, there are some restrictions. Depending on how your Will provides for your surviving spouse, the surviving spouse may choose to take an “elective share” in lieu of the provision made in the Will.  The amount of this “elective share” is determined by the length of the marriage. 

Brooke Swier Schloss
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Family Law and Estate Planning attorney helping families across South Dakota plan and protect their loved ones