QUESTION
What does the state do for a wife that are married but are not included in the husband’s Will?
Asked on Apr 12th, 2014 on Estate Planning - Nebraska
More details to this question:
My mom has been with this man 25 years plus. They got married in 2005. The Will has his son being left everything and a trust with his sons name and a friend’s name. What rights does my mom have to anything? They have lived in the same house for 20 years, her name is not on the home but she has contributed to the household since day one. Need some advance to protect my mother.
16 ANSWERS
In California, you can not will away more than your half of the community property that being all of the property accumulated during the marriage. There may also be some quasi marital property due to the length of time the couple has been together. You should consult a probate attorney who is familiar with family law concepts to review all of the facts and advise you.
Answered on Apr 15th, 2014 at 6:50 PM
3 Awards
More facts are needed. Her rights may only begin to accumulate after 2005 in Nevada. However, many more facts are needed. Please meet with an attorney to address specifics. If he acquired all assets before marriage her rights may be very limited. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Apr 15th, 2014 at 1:32 PM
Edwin K. Niles
Please see a probate lawyer. The issue will be whether the property is separate or community (or mixed).
Answered on Apr 14th, 2014 at 10:55 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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She needs to obtain the services of a probate attorney to make a community property claim to her one half of the estate, immediately.
Answered on Apr 14th, 2014 at 5:09 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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Your mom should talk to a local probate lawyer right away. She should be able to claim a portion of her husband's estate. In California, this is called a spousal election.
Answered on Apr 14th, 2014 at 5:09 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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I think you meant that you need some advice, not advance. If your mother is not mentioned in the will, she gets all community property, if any, and one-third of the rest.
Answered on Apr 14th, 2014 at 5:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your mother has a number of rights, or at least potential rights. It all depends on how the assets are titled. It is not possible for someone to disinherit a spouse by Will. (The State of Michigan gives a spouse the right to "elect against" a Will. The same is not true with a trust. If the property is titled in the trust, your mother may not have much she can do. She needs to review all of the facts of the situation with an estate planning attorney to determine how best to proceed. It sounds like her husband may have already done HIS estate planning. Whether he took care of her or not is not clear.
Answered on Apr 14th, 2014 at 4:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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There are effective ways by which a husband can effectively disinherit his wife by titling property in certain manners. I would suggest that you have an attorney look into this before it becomes too late to change.
Answered on Apr 14th, 2014 at 11:47 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If there was a prenuptial agreement, the terms of the prenuptial agreement must be followed. The spouse has rights of renunciation of the Will. If there are children then the Wife is entitled to one third of the probate estate under the right of renunciation. The assets in the trust or those that pass outside of probate are not subject to the right of renunciation. The spouse also has a spousal support claim that can be filed against the probate estate. If an asset passes through probate before going to the trust then it would be subject to renunciation and the spousal claim prior to distribution to the trust. Examine the terms of the Trust. The Trust may provide the spouse with income and a right to live in the marital home even if the ownership will ultimately go to the decedent's children.
Answered on Apr 14th, 2014 at 11:45 AM
2 Awards
See an attorney ASAP. If the will and trust were before the marriage, her rights are greater. If after the marriage, she has a community property interest in the assets back to 2005. You need an attorney for this, it is complicated and very time sensitive.
Answered on Apr 14th, 2014 at 11:45 AM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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Your mother needs to retain a probate attorney to 1) exercise her right to an elective share of the estate (1/3) and 2) to explore any claim of interest regarding the house she contributed to. She has 6 months from the time the will is submitted to probate to exercise her elective share right. I suggest you take her to a probate attorney as soon as possible to avoid any time restrictions that would prevent her from taking anything.
Answered on Apr 14th, 2014 at 11:44 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I believe in Idaho, she would be entitled to $60.000 from the estate. This is really dependent on state law so she needs to talk with a local probate attorney.
Answered on Apr 14th, 2014 at 11:43 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If the will is not changed, then your mother will need to petition the court for her "spousal elective share." Given the length of the marriage, she will be entitled to one-third of her husband's estate.
Answered on Apr 14th, 2014 at 11:40 AM
She has homestead and other rights but needs to hire a gold lawyer to establish those rights in court immediately.
Answered on Apr 14th, 2014 at 11:37 AM
Taxation Attorney serving Charleston, WV
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C. Page Hamrick III
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FOR WEST VIRGINIA ONLY: A spouse who is excluded from taking under a will, where the decedent died a resident of West Virginia, may elect to take her statutory share by filing to take against the will, which is filed with the probate supervisor's office. She really needs to see an attorney about this complicated matter.
Answered on Apr 14th, 2014 at 11:36 AM
If there is a valid will, the terms of the will determines who inherits what. However, many state statutes allow for a very small portion to be diverted to the surviving spouse.
Answered on Apr 14th, 2014 at 11:25 AM