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(a) For purposes of trust or restricted land or trust personalty, if the surviving spouse is omitted from the will of the testator, then the testator’s estate shall give the surviving spouse the intestate share that the spouse would have received if the testator had died intestate if:

(1) The testator and surviving spouse were continuously married without legal separation for the five-year period preceding the decedent’s death;

(2) The testator and surviving spouse have a surviving child who is the child of the testator;

(3) The surviving spouse has made substantial payments toward the purchase of, or improvements to, the trust or restricted land in such estate; or

(4) The surviving spouse is under a binding obligation to continue making loan payments for the trust or restricted land for a substantial period of time.

(b) This section shall not apply if there is evidence that the testator adequately provided for the surviving spouse and any minor children by a transfer of funds or property outside of the will. [Ord. 52 § 9309, amended, 4/27/2023; Ord. 50A § 9410, amended, 6/22/2017.]