[WSBAPT] Omitted Spouse and Living Trust

Katharine P. Bauer kpb at bpblegal.com
Tue May 5 19:58:07 PDT 2015


I don't believe a spouse would inherit.  The trust is not a probate asset.
Omitted suppose receives intestate share (of probate assets).  If community
assets were in trust, then s/he might have a claim against the trust, but
otherwise not.
On May 5, 2015 7:29 PM, "Mike Jacobs" <mikej at riachgese.com> wrote:

>  Listmates,
>
>
>
> H&W enter into Revocable Living Trust and Pour Over Will.  W dies and H
> eventually remarries.  He does not change his estate plan.  H dies and new
> W is an Omitted Spouse.  Does the Omitted Spouse statute allow an omitted
> spouse to claim an interest in the trust assets?
>
>
>
> Sincerely,
>
>
>
> *Michael P. Jacobs*
>
>
>
> Riach Gese Law Firm
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