Do I Have Rights If I Was Not Included in My Spouse’s Will?

Oakland Probate Litigation Lawyers That Handle Spousal Rights Cases

In this video, Oakland probate litigation attorney Charles Triay discusses what happens when a spouse is not included in a preexisiting will that was written prior to getting married. The law may provide you with the ability to still inherit some of property owned separately as well as community property you and your spouse acquired while married. If you need legal assistance to uphold your spousal rights, speak with our Oakland probate litigation lawyers for more information.

Video Transcription

Another area of spousal rights that most people don’t know about is that if a person writes a will before getting married and the will doesn’t say, “I’m planning on getting married to so-and-so,” and then they get married and don’t change the will, the new spouse is entitled to inherit a share as if there were no will, in many circumstances. As always with the law, there’s always exceptions. You can’t state things as a blanket rule, but we get this case once or twice a year where a spouse comes in and says, “My husband died. He has an older will from before he married me and it leaves everything to his kids. Am I out of luck?” Generally, the answer is, “No. You’re not completely out of luck. You’re entitled to inherit a portion of the separate property and all of any community property that was acquired during your marriage.”