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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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