Pretermitted Wife Not Recognized in Texas.

Robert Ray

What is a pretermitted spouse?

I’ve written before about pretermitted (forgotten) children and their rights to inherit. You can read the articles here and here. Basically, a pretermitted child is one who is born after a will is executed and is not otherwise provided for by the parent. In that case, the pretermitted child would inherit a share of the parent’s estate even though he is not mentioned in the will.

Some states also recognize a pretermitted wife or spouse. In that case, if a marriage takes place after a will is executed and the wife is not otherwise provided for by the husband, she takes a share of the estate even though she is not mentioned in the husband’s will. See, for example, the California Probate Code Section 21610-21612. Washington state also recognizes a pretermitted spouse. No. 30995-9-III.

Pretermitted wife not recognized in Texas

Texas does not recognize a pretermitted wife, only pretermitted children. A child in Texas who is contesting a will may recover under the pretermitted child statute. A wife in a will contest in Texas may not since there is no Texas statute recognizing a pretermitted spouse, but see this article where a pretermitted spouse was successful in Texas.

UPDATES

There are new cases all the time that clarify or change the law on inheritance disputes. Keep up-to-date by subscribing to our blog.

'

Subscribe

Recent Posts

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas

Pretermitted Spouse in Texas. Texas does not recognize a pretermitted spouse, but other states, including New Mexico, do. I have written articles about a pretermitted spouse here and here. Even though Texas doesn't recognize a pretermitted spouse, do they have...

Signing a Will in All the Wrong Places

Signing a Will in All the Wrong Places

Where do you sign a Texas will? In a recent case, 01-20-00073-CV, a Texas will was offered for probate. The trial court did not admit the will to probate because the testator just initialed six pages and did not sign on the seventh page where the document had a space...

Difference between annulment and divorce in Texas

Difference between annulment and divorce in Texas

What is the difference between annulment and divorce? A divorce is a court order that ends a marriage. An annulment is a court order that the marriage never existed. An annulment can only be ordered based on limited circumstances like fraud, duress, or force as well...

How do I claim my inheritance Texas

Claiming an inheritance in Texas An inheritance can never compensate for the death of a family member. But inheritance is not about greed; it is about custody and control of your property. Claiming an inheritance in Texas is usually straightforward if you are a named...

Can a testator make hand written changes to a will

Can A Testator Make Hand Written Changes To A Will?   As a general rule, if a will is not “wholly” in the handwriting of the testator, it must be attested to by two credible witnesses. If a testator attempts to make handwritten changes to a written will, those...

The Author

Robert Ray

Robert Ray handles inheritance disputes of all kinds. He takes cases throughout Texas.
© Copyright 2022 | All Rights Reserved.

Pin It on Pinterest

Share This