ot completely, unless you and your spouse have waived the right to be included in the other's estate in a prenuptial or postnuptial agreement. Each state has laws that shield a surviving spouse from being completely cut off.
In most states, the surviving spouse can choose between the property left in the deceased spouses Will or a statutory share set by state law (usually one-third or one-half of the estate). Whether it is advantageous to elect the states share ?generous in some states, minor in others ?depends on the rules for calculating the elective share, which rules and exceptions have a remarkable number of variations between the states.
In a community property state, the surviving spouse already owns half of the community property at the death of the other spouse.
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