by Robert Ray | Last updated May 4, 2022 | Probate, Property, Spouse
What is a pretermitted spouse
Texas does not recognize a pretermitted (forgotten) spouse so this article has no application to Texas. Some states do recognize a pretermitted spouse and I have written about those states here. Basically, a pretermitted spouse is someone who marries a person after that person has made a will. If the will is not revised and the parties are still married on the death of the one who made the will, the surviving or pretermitted spouse will take a portion of the estate even though they are not mentioned in the will.
Pretermitted Spouse and Premarital Agreement
In a 2014 case from California, which does recognize a pretermitted spouse, the court was asked to determine if a premarital (more…)
by Robert Ray | Last updated May 5, 2022 | Children, Contesting wills, Probate, Spouse
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.
by Robert Ray | Dec 31, 2008 | Children, Inheritance
What is a pretermitted child
A pretermitted child is a child who is born or adopted after a will is made and is not mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take a portion of the estate even though he is not mentioned in the will.
What are the inheritance rights of a pretermitted child
I have written about the inheritance rights of a pretermitted child here and on my main site here.
There are complications involved when deciding if the child was “not otherwise provided for.”
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