Legal Definition
The spouse shall not receive a share of the estate under Section 21610 if any of the following is established:
(a) The decedent’s failure to provide for the spouse in the decedent’s testamentary instruments was intentional and that intention appears from the testamentary instruments.
(b) The decedent provided for the spouse by transfer outside of the estate passing by the decedent’s testamentary instruments and the intention that the transfer be in lieu of a provision in said instruments is shown by statements of the decedent or from the amount of the transfer or by other evidence.
(c) The spouse made a valid agreement waiving the right to share in the decedent’s estate.
(d) (1) If both of the following apply:
(A) The spouse was a care custodian, as that term is defined in Section 21362, of the decedent who was a dependent adult, as that term is defined in Section 21366, and the marriage commenced while the care custodian provided services to the decedent, or within 90 days after those services were last provided to the decedent.
(B) The decedent died less than six months after the marriage commenced.
(2) Notwithstanding paragraph (1), a spouse described by this subdivision shall be entitled to receive a share of the estate pursuant to Section 21610 if the spouse proves by clear and convincing evidence that the marriage between the spouse and the decedent was not the product of fraud or undue influence.
Basic Definition
Section 21611: Specifies conditions under which a surviving spouse is excluded from receiving a share of the decedent’s estate, such as intentional omissions, transfers outside the estate, or fraudulent marriages.
In-Depth Overview and Use Cases
Section 21611 establishes exceptions to a surviving spouse’s right to inherit under Section 21610. It applies in cases where the decedent intentionally omitted the spouse from their will, provided alternative transfers outside the estate, or when a waiver was signed. Use cases often involve contested estates where allegations of fraud, undue influence, or invalid waivers arise. For example, disputes may center on whether a transfer was intended to substitute for an inheritance or if a spousal agreement was legally binding.
Application & Relevance
This section is critical in probate litigation involving surviving spouse claims. Attorneys rely on it to argue for or against a spouse’s right to inherit, particularly in cases of intentional omission or questionable marriages. It provides clear guidelines for assessing the validity of claims and defending the decedent’s estate planning decisions.
Legal Scenario
Trustee Removal, Suspension, Termination, Resignation
Probate Code Impact
Section 21611 may be invoked in cases where a spouse of the decedent claims a share of the estate. If the decedent intentionally excluded the spouse or if the marriage occurred under questionable circumstances, this section clarifies whether the spouse is entitled to an inheritance, potentially impacting trustee decisions regarding distributions.
Legal Scenario
Breach of Fiduciary Duty
Probate Code Impact
This section also applies in cases where a surviving spouse is excluded due to the decedent’s intention or a fraudulent marriage. If a trustee fails to honor the decedent’s wishes, this section provides the legal framework to challenge the fiduciary’s actions and exclude the spouse, based on the conditions outlined in the code.
