Omitted Spouse/Child

Question 1

Omitted Spouse

Answer 1

If decedent married after executing will/revocable trust, and spouse survives but isn’t mentioned in them, spouse gets all community property + intestate share of decedent’s property (not more than 1/2 of his separate property)

“Decedent’s property” = probate estate + all property in revocable trust)

Question 2

Omitted Child

Answer 2

California: has statute to protect children from being unintentionally omitted from parents’ wills

If decedent has/adopts child after executing will/revocable trust and child isn’t mentioned in them, child gets intestate share of decedent’s property
* Includes unknown child
* Includes child who was alive but testator thought he was dead

Abatement: Omitted child’s share is taken by taking pro rata from all beneficiaries in will/revocable trust

“Decedent’s property” = probate estate + all property in revocable trust)

Question 3

Intentional Disinheritance

Answer 3

Testator can intentionally disinherit children but watch out for CA’s statute protecting omitted children
* If testator executed will/revocable trust AFTER birth of children/marriage, then children/spouse are presumed to have been omitted intentionally