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LSDefine

Simple English definitions for legal terms

pretermitted spouse

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A quick definition of pretermitted spouse:

A pretermitted spouse is someone who is married to a person who has passed away, but was not mentioned in their will. This can happen if the will was made before the marriage or if the person forgot to update their will after getting married. The pretermitted spouse may still be entitled to a portion of the deceased person's property, depending on the laws in their state.

A more thorough explanation:

Definition: A pretermitted spouse is a spouse who is not mentioned in a will, even though they were married to the deceased at the time the will was created. This can happen when a person creates a will before getting married or forgets to update their will after getting married.

Example: John creates a will before getting married to Jane. He leaves all his property to his children from a previous marriage. After John dies, Jane realizes that she was not mentioned in the will and is therefore a pretermitted spouse.

Explanation: In this example, Jane is a pretermitted spouse because she was not mentioned in John's will, even though they were married at the time the will was created. This means that Jane may be entitled to a portion of John's estate, depending on the laws of the state where they lived.

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