Pretermitted Spouse or Child

Question 1

Pretermitted Spouse

Answer 1

A spouse may dispose of their half of the community property by will to whomever they wish. However, a spouse omitted from a premarital will receives her intestate share unless the omission was intentional as shown in the will, the spouse is provided for in transfers outside of the will, or the spouse made a valid agreement waiving her interest in decedent’s estate.

Question 2

Pretermitted Child

Answer 2

A child omitted from a pre-birth will receives her intestate share unless the omission was intentional as shown in the will, the child provided for in transfers outside the will, or the testator had other children and left their estate to the parent of the omitted child.