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Pretermitted Wife Not Recognized in Texas

What is a pretermitted spouse?

I've written before about pretermitted (forgotten) children and their rights to inherit. You can read the articles hereand 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.

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This page is general information about Texas law. It is not legal advice about your situation, and reading it does not create an attorney–client relationship. These matters turn heavily on specific facts and specific dates, and the law has exceptions this page does not cover. You should not take, or refrain from taking, any action based on this page. Discuss your circumstances with an attorney who can advise you on them.