Believe it or not, spouses are forgotten in estate plans all the time. The situations vary from innocent forgetfulness to mischievous and deliberate attempts at disinheritance.
Here are some instances we have seen:
- A husband leave his second wife out of his Will and instead leaves everything to his adult children from a prior marriage.
- A spouse remarries, but does not change the Will that had the first spouse as the sole or main heir.
- A spouse jointly titles all marital property and does not mention the spouse in the Will.
If your spouse did not provide for you in his or her will, there are legal protections. Most states, including Utah, have laws providing for a surviving spouse’s elective share. An elective share allows a surviving spouse to receive up to one-third of the decedent’s “augmented” estate if the spouse was not mentioned in a will or he or she is dissatisfied with what is left to them in deceased spouse’s will. The augmented estate is composed of all marital property owned by either the husband or the wife. Marital property includes property earned during marriage, including income and appreciation.
A surviving spouse elective share law protects a spouse from being disinherited. This means if your spouse disinherited you or left you very little in his or her will, you can elect to receive one-third of his or her estate, even if your spouse intentionally tried to transfer all of his or her wealth to a trust.
The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about your estate plan or your spouse’s trust or will, contact The Astill Law Office at 801-438-8698.