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(a) If the surviving spouse is omitted from the will of the testator, the surviving spouse shall receive the intestate share in the testator’s estate that the spouse would have received if the testator has 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; or

(3) The surviving spouse is under a binding obligation to continue making loan payments for the trust 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 share of the estate outside of the will. [Ord. 50A § 9410, amended, 6/22/2017.]