What happens if a wife is left out of her husband’s Will?

My husband and I was only married for 25 days but lived together for 5 years. The home we live in is in his name only and he had a Will made back 14 years ago that leaves everything to his daughter but the Will says he is single. What actions will be taken and will I get to keep the house. Does our marriage override the Will?

Asked on December 15, 2015 under Estate Planning, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A wife (or husband) cannot be disinhered by their husband (or wife). The law in most states provides for something known as a spousal "elective share". This is the percentage of  the estate the a surviving spouse is entitled to in a situation such as yours. This amount varies from jurisdiction-to-jurisdiction. What you can do know is to consult directly with a probate attorney in your area. They can best advise you as to your rights and remedies.


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