For various reasons, people often create a Last Will and Testament that intentionally leaves out their surviving spouse. In this case, it is the testator’s intention to disinherit their spouse. Is this legal? Can they do this?
Without proper estate planning, if you remarry and pass away before your new spouse, then ALL of your assets may go to your stepchildren or some other heir of your new spouse. Regardless of your relationship with your new spouse’s family, this is probably not your intention.