Estate planning is all about preparation. But life happens—and sometimes, people get married after signing a will or trust and forget to update it. In these situations, the surviving spouse may be what California law calls a pretermitted spouse—someone unintentionally omitted from a will or trust executed before the marriage.
Fortunately, California law offers protections for spouses in this situation.
What Is a Pretermitted Spouse?
A pretermitted spouse is someone who was married to the decedent at the time of death but was not provided for in their estate plan. In most cases, this spouse is entitled to an intestate share of the estate (what they would have received had there been no estate plan at all)—unless one of the following exceptions applies:
- The omission was intentional and clearly stated in the estate plan.
- The spouse was otherwise provided for outside of the estate plan.
- The spouse waived their rights in a valid agreement, such as a prenuptial agreement.
These rules don’t just apply to traditional marriages—they also extend to registered domestic partners in California.
Why Does This Matter?
Failing to update your estate plan after a major life event, like marriage, can unintentionally cut out a spouse or partner. These laws are designed to step in and ensure fairness. Still, relying on them after the fact often means going through the probate court, which can be time-consuming, stressful, and expensive.
How to Protect Your Loved Ones
If you’ve recently gotten married (or entered into a registered domestic partnership), it’s essential to review and update your estate plan. A few key updates now can prevent confusion and conflict later.
If you’re unsure whether your current estate plan reflects your intentions—or if you’re concerned about being unintentionally excluded from a loved one’s estate—we can help.
Let’s Talk
At Kaminski Law Group, we regularly help families navigate complex estate and trust matters, including issues involving omitted spouses. If you need to update your plan or review one as a surviving spouse, schedule a consultation today.
(916) 540-7618
hello@californiatrusts.law
www.californiatrusts.law
