A pretermitted spouse refers to an individual who is married to a deceased person but was not included in their will. This situation can occur if the will was created prior to the marriage or if the individual failed to update their will after getting married. Depending on the laws of their state, the pretermitted spouse may still have a right to a share of the deceased person’s assets.
A pretermitted spouse refers to a spouse who is not included in a will despite being married to the deceased at the time of creating the will. This situation can arise when a person makes a will before tying the knot or forgets to revise their will after getting married. For instance, John drafted a will before marrying Jane and bequeathed all his assets to his children from a previous marriage. However, after John’s demise, Jane realises that she was not named in the will, making her a pretermitted spouse. Consequently, Jane may be eligible for a share of John’s estate, depending on the state’s laws where they resided.
A pretermitted spouse is a term used in estate planning to refer to a spouse who is unintentionally left out of a deceased person’s will or estate plan.
In most jurisdictions, a pretermitted spouse has the right to claim a portion of the deceased spouse’s estate, even if they were not mentioned in the will. The specific rights may vary depending on state laws.
A pretermitted spouse can typically file a legal claim or petition with the probate court to assert their rights and request a share of the estate. It is advisable to consult with an attorney experienced in estate law to navigate this process.
The share of the estate a pretermitted spouse is entitled to usually depends on various factors, including state laws, the size of the estate, the existence of other beneficiaries, and the deceased spouse’s intent.
In some cases, a pretermitted spouse may be completely disinherited if the deceased spouse intentionally omitted them from the will and can provide evidence of such intent. However, this can be challenging to prove, and it is recommended to seek legal advice in such situations.
If a pretermitted spouse is not mentioned in the will, they may still have legal rights to claim a portion of the estate. The laws regarding pretermitted spouses vary by jurisdiction, so it is crucial to consult with an attorney to understand the specific rights in your state.
In some cases, a prenuptial agreement may override the rights of a pretermitted spouse. However, the enforceability of such agreements can vary, and it is advisable to consult with an attorney to determine the impact of a prenuptial agreement on a pretermitted spouse’s rights.
Assets that were jointly owned by the pretermitted spouse and the deceased spouse may not be subject to the pretermitted spouse’s claim. Jointly owned assets typically pass directly to the surviving joint owner outside of the probate process.
In some cases, a pretermitted spouse may be able to claim a portion of assets that were designated to other beneficiaries in the will. The specific rights and limitations will depend on state laws and the circumstances of the case.
If you believe you are a pretermitted spouse, it is crucial to consult with an experienced estate planning attorney as soon as possible. They can guide you through the legal process, help you understand your rights, and assist in filing any necessary claims or petitions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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