What can a surviving spouse invoke to avoid being excluded from a will?

A surviving spouse can invoke the inheritance statute to avoid being excluded from a will. The inheritance statute, often referred to as the elective share or spousal rights, often allows a surviving spouse to claim a certain portion of the deceased spouse's estate, regardless of the provisions made in the will. This legal protection exists because many jurisdictions recognize the importance of protecting the rights of spouses to ensure they are not left without support after a partner's death.

In many cases, if the deceased spouse's will does not provide for the surviving spouse, the inheritance statute grants the spouse the right to either accept what is specified in the will or elect to receive a predetermined share of the estate, which can be significantly more advantageous. This reinforces the principle that spouses should be financially supported after the loss of their partner.

The other concepts do not provide the same legal protections as the inheritance statute. Power of attorney is a legal authority granted by one person to another to act on their behalf while they are alive and does not apply after death. Probate rights generally refer to the processes and rights involved in the probate of a will but don’t specifically address the rights of a surviving spouse concerning a will. A claim of lien pertains to a legal right to keep possession of property until a debt