Wills Trusts & Estates keyed to Dukeminier
Estate of Shannon
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Shannon executed a will in which he disinherited all other living persons and relatives other than those mentioned in the will. After executing the will, he married Lila Shannon. Russell never changed his will to include Lila Shannon. Lila petitioned the court for family allowance and a determination of an estate distribution as an omitted spouse. Under the Probate Code, an omitted spouse whom the testator marries after executing his will, is entitled to take a certain share of his estate unless the (1), the testator’s failure to provide for the spouse in the will was intentional and that intention appears on the face of the will, (2) the testator provided for the spouse by transfer outside of the will with the intention that the transfer be in lieu of a testamentary provision that is shown by the testator’s statements or from the amount of the outside transfer or other evidence, or (3) the spouse made a valid agreement to waive her rights to the share.
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