I Am Not in the Will! My Husband or Wife Left Me Out of the Will – How the Spousal Elective Share Works.
What happens to a spouse that is not provided for in a will? In California there is a statutory presumption that the omission of the spouse was unintentional, so that the spouse may take the intestate share of the surviving spouse. Another rule provides that a husband or wife can write a will however they want, but they cannot write a will that infringes on statutory rights. So the surviving spouse may either choose the will, or choose what the spouse would receive under the community property statute. If you are unsure of your rights under a will, or feel like you have been unfairly left out of a will, contact that the California Probate Center today without delay.
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