Loune-Djenia Askew, Esq.
Feb 5, 2024
Getting married after you have executed a Will does not invalidate, void, or revoke the will. When someone has a spouse but they are not mentioned in the will at all, they can be legally classified as a pretermitted spouse. A pretermitted spouse means the spouse has been unintentionally omitted in the Decedent’s (deceased spouse) Estate Plan.
Getting married after you have executed a Will does not invalidate, void, or revoke the will. When someone has a spouse but they are not mentioned in the will at all, they can be legally classified as a pretermitted spouse. A pretermitted spouse means the spouse has been unintentionally omitted in the Decedent’s (deceased spouse) Estate Plan.
If you do not execute a new will, your spouse will not be left empty handed. Your spouse will receive their intestate share of your estate, as if you passed away without a Will. Depending on your personal circumstances, your spouse may receive all or half of your estate if they are properly considered as a pretermitted spouse. Much of the probate process, of who gets what and how much, depends on facts specific to you, your family, and your situation. While a pretermitted spouse will not invalidate your will, it will complicate the probate of your estate.
However, your spouse might not be entitled to receive a portion of your estate under the pretermitted spouse statute if an exception applies.
Prenup/Postnup Exception: If you and your spouse signed a prenuptial or postnuptial agreement, and that agreement provided for or waived provisions to the spouse, then the spouse will not take their intestate amount.
“The planner” Exception: If you provided for your spouse in the will (before marriage), and you did so in contemplation of marriage, then they will not take their intestate share.
The Disinheritance Exception: If your will indicates an intent not to provide for your spouse, then they will not take their intestate share.
Other Interest your Pretermitted Spouse may be Entitled to:
Your spouse may also be entitled to a portion of retirement and life insurance benefits, homestead property and any assets held as tenants-by-the-entirety or as joint tenants.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.