Legal Question in Wills and Trusts in California

Pretermitted spouses

Under former PC sec 6540 and presently 21640 spouses who are omitted from the previously written wills of their deceased spouse have the right to set aside or a share of the estate. My question is; if the omitted spouse is aware of her rights but fails to exercise them and dies, do her heirs have the right to make the omitted spouse claim as part of her estate?

Thank you.


Asked on 3/03/03, 9:21 pm

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Pretermitted spouses

I'm not sure of the answer without research, but I suspect the heirs could make a claim against the husband's estate, provided the statutes of limitations for making such a claim have not expired. The heirs should contact a local attorney for a consultation to discuss it in more detail.

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Answered on 3/04/03, 9:04 pm


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