Examples of Omitted spouse in a sentence
Omitted spouse; share of omitted spouse Except as provided in Section 611, if a decedent fails to provide in a testamentary instrument for the decedent’s surviving spouse who married the decedent after the execution of all of the decedent’s testamentary instruments, the surviving spouse is an omitted spouse and, as such, shall receive a share in the decedent’s estate, consisting of (1) the one-half of the community property that belongs to the decedent, and (2) one-half of the decedent’s separate property.
Omitted spouse not to receive share; circumstances An omitted spouse shall not receive a share of either the community property portion or the separate property portion of the decedent’s estate under Section 610 if any of the following is established:(a) The decedent’s failure to provide for the omitted spouse in the decedent’s testamentary instruments was intentional and that intention appears from the testamentary instruments.
Problems with out-of-date wills-- Omitted spouse or children (failure to change will after remarriage)-- Named executor is deceased or incapacitated or no longer a good choice-- Specific gifts of property that you no longer own-- One or more of your named beneficiaries is deceased-- Failure to nominate guardians for minor children, or nomination of guardians who are no longer the best choice-- Failure to respond to tax law changesB.