In estate planning, an omitted spouse refers to a surviving spouse who is not provided for in the deceased spouse’s will. Omitted spouse cases are common in second and third marriages where the deceased spouse may have had children from a previous marriage and did not update their will to include the surviving spouse.
Under most state laws, an omitted spouse has the right to claim a portion of the estate, even if they were not specifically named in the will. The amount the omitted spouse is entitled to varies by state and depends on the circumstances of the case.
In some cases, the omitted spouse may be entitled to a share of the estate equal to what they would have received had the deceased spouse died without a will. In other cases, the omitted spouse may be entitled to a share of the estate that is based on the length of the marriage or the contributions they made to the marriage.
Omitted spouse cases can provide an opportunity for the surviving spouse to recover assets that they would otherwise not have been entitled to. This is particularly important in cases where the surviving spouse would be left penniless without the ability to recover any assets from the estate.
For example, suppose that John and Jane were married for 10 years, during which time they accumulated significant assets. However, John had children from a previous marriage and did not update his will to include Jane. When John dies, Jane is not named in the will and is left with nothing.
In this scenario, Jane could potentially file an omitted spouse claim and recover a portion of John’s estate. The exact amount she would be entitled to would depend on state law and the circumstances of the case, but she would have the opportunity to recover assets that would have otherwise been distributed to John’s children.
It is important to note that omitted spouse cases can be complex and may require the assistance of an estate litigator or attorney. In addition, there may be time limits for filing an omitted spouse claim, so it is important to act quickly if you believe you may have a claim.
In summary, omitted spouse cases are common in second and third marriages and can provide an opportunity for the surviving spouse to recover assets from the deceased spouse’s estate. If you believe you may have a claim as an omitted spouse, it is important to seek the advice of an estate litigator or attorney to determine your rights and options.