Our office remains open, and in response to COVID-19 we have expanded our options for remote consultations and virtual meetings. Please contact our office to discuss what meeting option best fits your situation.

Speak with one of our attorneys today.
Phone: 425-776-3191

Our Practice Areas

What if your spouse doesn't name you in their will?

Your spouse passes away, and you discover that they never named you in their will or estate plan. What will happen? How does the court view this omission?

Generally speaking, there are laws in Washington to help ensure that the surviving spouse will be provided for in the estate. After all, if your spouse passed away without a will -- known as "dying intestate" -- then the law would govern what you should get. These same rules can be used if you were omitted from the will, as it is a fundamentally similar situation.

That said, the big exception to this is if the court thinks that your spouse made the omission intentionally to cut you out of the estate plan. If they clearly intended to leave you less than the intestate laws would allow, or if they intended to leave you nothing, the court can rule that way. They just need to know that it was your spouse's intent to do so and that they did not omit you accidentally.

You may be wondering how someone would accidentally omit their spouse, but it's not that uncommon. Maybe your spouse wrote a will while they were still single. Then you got married. They forgot to update the will or put it off until they were older, only to die unexpectedly. In that situation, the court then has to determine if they would have intended to leave you their assets or not.

These situations can get complicated and may lead to a dispute, so make sure you are aware of your legal rights.

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Riach Gese Jacobs, PLLC
7331 196th Street, SW
P.O. Box 1067
Lynnwood, WA 98046

Phone: 425-329-7857
Phone: 425-776-3191
Fax: 425-775-0406
Lynnwood Law Office Map