Attorneys for Surviving Spouses in California and Texas

Surviving spouses may have significant rights in a deceased spouse’s estate, but identifying and enforcing those rights can require a careful analysis of the estate plan, marital property, beneficiary designations, and applicable state law. RMO LLP represents surviving spouses throughout California and Texas in probate, trust, and inheritance disputes involving substantial financial and deeply personal interests.

Depending on the jurisdiction and circumstances, a surviving spouse’s rights may include an interest in community property, a share of an intestate estate, a family allowance during administration, homestead or exempt-property protections, priority to seek appointment as personal representative, or remedies available to a spouse who was omitted from an estate plan. California also provides procedures through which qualifying property may be confirmed or transferred to a surviving spouse without a full probate administration.

Determining what a surviving spouse is entitled to receive is rarely as simple as reading the will. The analysis may involve:

  • Whether the property is community, marital, or separate property
  • Whether assets pass through probate, a trust, joint ownership, or a beneficiary designation
  • The terms and enforceability of a prenuptial or postnuptial agreement
  • Whether the surviving spouse was omitted from a will or trust
  • Competing claims from children, beneficiaries, fiduciaries, or creditors
  • Questions concerning asset ownership, transfers, or characterization
  • The effect of a separation, pending divorce, or completed divorce

A pending divorce does not necessarily eliminate inheritance or marital-property rights. The effect of separation or divorce depends on whether the marriage was legally dissolved before death, the governing estate planning documents, property agreements, and the law of the applicable state. Completed divorces may also revoke certain gifts, fiduciary appointments, or other provisions benefiting a former spouse, subject to statutory exceptions.

Representation in Spousal Probate and Trust Disputes

Disputes involving surviving spouses may arise when family members challenge the marriage, question the spouse’s entitlement to property, contest estate planning documents, or disagree about the characterization and distribution of assets. A spouse may also need to respond to claims that property belongs to the estate rather than to the marital community or to challenge transfers that improperly diminished their interests.

RMO LLP represents surviving spouses in matters involving:

  • Will and trust contests
  • Community and marital property disputes
  • Omitted-spouse claims
  • Family allowance and support requests
  • Spousal property petitions and related transfer proceedings
  • Homestead and exempt-property rights
  • Disputes concerning prenuptial and postnuptial agreements
  • Beneficiary designation and nonprobate transfer disputes
  • Executor, administrator, and trustee misconduct
  • Financial elder abuse and improper asset transfers
  • Contested heirship and intestacy proceedings
  • Disputes arising during or after marital dissolution proceedings

Our attorneys analyze the estate planning documents, marital history, asset ownership, and surrounding circumstances to determine the rights and remedies available. We then develop a practical legal strategy tailored to the client’s priorities, whether the matter is best addressed through negotiation, mediation, or litigation.

The loss of a spouse is difficult enough without the added uncertainty of an inheritance dispute. RMO LLP provides clear guidance, thoughtful counsel, and determined advocacy designed to protect surviving spouses, preserve their financial interests, and bring difficult estate matters to an efficient and legally sound resolution.

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How RMO Supports Spouses in California and Texas

RMO LLP supports surviving spouses by helping them understand, protect, and enforce the rights available under California or Texas law. Our attorneys provide clear guidance through the probate and trust administration process, explain the legal and financial issues affecting the estate, and develop a strategy tailored to the client’s circumstances and priorities.

We begin by reviewing the estate planning documents, marital agreements, asset ownership, beneficiary designations, financial records, and fiduciary conduct relevant to the dispute. This careful analysis allows us to identify potential claims, evaluate available remedies, and build a legal strategy designed to protect the surviving spouse’s inheritance and broader financial interests.

Our attorneys represent spouses in matters involving omitted-spouse claims, community or marital property disputes, family allowances, homestead and exempt-property rights, will and trust contests, improper asset transfers, beneficiary disputes, and allegations of fiduciary misconduct. We also defend spouses against unsupported claims that threaten their rights under an estate plan or applicable law.

Whenever possible, we pursue an efficient resolution through direct negotiation or mediation. When litigation is necessary, we prepare the case thoroughly and advocate for the client in court with focus and resolve.

Throughout the matter, we provide consistent communication, practical advice, and thoughtful counsel. We understand that these disputes often involve grief, complicated family relationships, and significant financial uncertainty. Our goal is to protect the client’s rights while moving the matter toward a clear, durable, and legally sound resolution.

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On This Page

A surviving spouse may have statutory rights when the decedent executed a will or trust before the marriage and did not later revise the estate plan to provide for the new spouse. These claims are often described as omitted-spouse or pretermitted-spouse claims.

The existence and extent of a claim depend on the governing documents, the timing of the marriage, evidence of the decedent’s intentions, and applicable California or Texas law. RMO LLP evaluates the estate plan and surrounding circumstances to determine whether a surviving spouse may be entitled to a statutory share or another form of relief.

California and Texas are community property states, but the classification and disposition of marital assets can still become highly contested. Property acquired during marriage is generally presumed to be community property, subject to exceptions involving separate property, marital agreements, tracing, and other legal considerations.

A surviving spouse ordinarily retains their ownership interest in community property; the deceased spouse’s interest passes according to the estate plan or applicable intestacy law. The surviving spouse does not automatically receive all community property in every estate. In Texas intestacy matters, for example, the disposition of the deceased spouse’s community interest may depend on whether the decedent had children from another relationship.

Our attorneys help spouses identify, characterize, trace, and protect community and separate property, including real estate, financial accounts, retirement benefits, business interests, and assets titled in a trust or another person’s name.

Conflicts may arise when beneficiaries, children, stepchildren, fiduciaries, or other interested parties dispute a surviving spouse’s ownership of property or entitlement to an inheritance. These matters may involve jointly titled assets, separate and community property, beneficiary designations, lifetime transfers, trust assets, or competing interpretations of a will.

RMO LLP evaluates the governing documents, financial history, and ownership records before developing a strategy designed to protect the spouse’s rights and move the administration forward.

Marital agreements can significantly affect a surviving spouse’s rights to estate and trust property. Disputes may arise over the meaning, scope, enforceability, or application of a prenuptial or postnuptial agreement.

Our attorneys represent spouses in evaluating marital agreements and resolving related disagreements concerning property characterization, inheritance rights, waivers, and the distribution of assets following death.

A surviving spouse may discover that a will, trust, amendment, beneficiary designation, or asset transfer was procured through undue influence, fraud, forgery, or another form of misconduct. In other matters, a spouse may be accused of improperly influencing the decedent’s estate planning decisions.

RMO LLP represents spouses on both sides of these disputes. We investigate the circumstances surrounding the challenged transaction, preserve relevant records, interview witnesses, and develop evidence concerning the decedent’s capacity, relationships, intentions, and susceptibility to influence.

A surviving spouse may need to challenge an estate planning document that does not reflect the decedent’s valid intentions or defend a legitimate will or trust against an unsupported contest.

Our attorneys handle claims involving lack of capacity, undue influence, fraud, forgery, improper execution, disputed amendments, and the existence of competing estate planning documents. We also assess how a successful challenge could affect the spouse’s inheritance, property rights, and broader financial interests.

A will or trust is a written expression of one’s wishes after they pass away. In the event that you feel these wishes have been altered, or someone is wrongfully asserting that they have been, we can help. Our attorneys can step in to assist you with challenging or defending your loved one’s will or trust to ensure that these wishes are honored throughout the administration of their estate or trust, and you receive the rightful share of the estate you are owed.

Surviving spouses may have rights designed to provide financial stability while an estate is being administered. In Texas, these protections may include rights involving the probate homestead, exempt property, and a family allowance. Texas law expressly addresses exempt property and family allowances for qualifying surviving family members.

California also provides protections that may include a probate family allowance and procedures affecting the transfer or confirmation of qualifying property. The precise rights available depend on the estate, property ownership, competing claims, and the spouse’s individual circumstances.

RMO LLP helps surviving spouses identify and pursue the protections available under the applicable state law while responding to objections from fiduciaries, beneficiaries, heirs, or creditors.

Financial exploitation may involve unauthorized withdrawals, coerced gifts, suspicious account changes, misuse of a power of attorney, or transfers benefiting a caregiver, family member, fiduciary, or other person in a position of influence.

California law expressly recognizes the wrongful taking, retention, appropriation, or use of an elder’s property as potential financial abuse under defined circumstances.

When a spouse suspects that estate or trust assets were wrongfully transferred, our attorneys investigate the relevant financial records and transactions and pursue available remedies to recover the property or its value. We also defend surviving spouses against unsupported allegations of financial exploitation.

A surviving spouse may face delayed distributions, inadequate information, disputed accountings, asset mismanagement, self-dealing, or other conduct by the fiduciary responsible for administering the estate or trust.

RMO LLP represents spouses in seeking accountings, compelling required action, challenging improper transactions, recovering losses, and pursuing the suspension or removal of a fiduciary when legally warranted.

Estate disputes frequently involve difficult relationships among a surviving spouse, children, stepchildren, beneficiaries, and other relatives. These conflicts can delay administration, increase expense, and place important family relationships under additional strain.

Our attorneys pursue practical solutions through direct negotiation or mediation whenever appropriate. When a durable resolution cannot be reached outside the courtroom, we are prepared to protect the spouse’s rights through probate or trust litigation.

Spouses can become entrenched in probate and trust litigation, whether due to will contests, inheritance disputes, or concerns about a personal representative being guilty of a breach of fiduciary duty. We provide clear guidance through each stage of the proceeding, from the initial investigation and pleadings through discovery, mediation, court hearings, and trial.

Throughout the matter, our focus remains on protecting the surviving spouse’s legal and financial interests while pursuing an efficient, informed, and legally sound resolution.

Probate Services For Spouses

RMO LLP represents surviving spouses at every stage of probate, trust administration, and related estate litigation. Our attorneys help clients identify and enforce their rights, address challenges involving marital and inherited property, and resolve disputes that may affect their financial security after the loss of a spouse.

Our services include:

Why Choose RMO as a Surviving Spouse

If you are a surviving spouse involved in probate, trust administration, or an inheritance dispute, RMO LLP provides the legal guidance and advocacy necessary to protect your rights and financial interests. Our attorneys understand that these matters often arise during an already difficult period and can involve uncertainty, family conflict, and significant concerns about property, support, and long-term security.

We approach each case with both strategic focus and genuine care. From the outset, we take the time to understand the estate plan, marital history, asset ownership, family dynamics, and the circumstances giving rise to the dispute. This allows us to identify the issues that matter most, evaluate available remedies, and develop a practical legal strategy tailored to your goals.

Whether the matter involves community or marital property, an omitted-spouse claim, a family allowance, a will or trust contest, improper transfers, or fiduciary misconduct, our attorneys provide clear communication and determined representation at every stage.

We also recognize the importance of ensuring that your voice remains central to the process. Throughout the matter, we explain your options, keep you informed, and help you make decisions with confidence. By combining substantial trust and estate litigation experience with a thoughtful, client-centered approach, RMO LLP works to bring clarity, stability, and peace of mind during a challenging time.

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During a free consultation, we’ll use the time to hear your case, understand the nuances involved in your situation, and begin building a pathway to resolve your legal matter with the best possible outcome.

Probate FAQs For Spouses

Below are some of the most common questions we receive from surviving spouses.

An omitted spouse, sometimes called a pretermitted spouse, is generally a surviving spouse who married the decedent after the decedent created a will or revocable trust but was not provided for in a later estate plan.

In California, a qualifying omitted spouse may be entitled to receive a statutory share of the decedent’s estate unless an exception applies. For example, the claim may be defeated if the estate planning documents demonstrate that the omission was intentional, the spouse was provided for outside the estate plan in lieu of an inheritance, or the spouse validly waived the right to inherit.

Texas does not provide the same broad omitted-spouse remedy. A surviving spouse may nevertheless retain important rights involving their share of community property, homestead protections, exempt property, family allowances, intestate succession, and applicable marital agreements.

Because the available rights differ significantly by state, the estate planning documents, date of marriage, property ownership, and surrounding circumstances must be evaluated carefully.

A surviving spouse generally begins by establishing the legal marriage, the date of the marriage, and the dates on which the relevant will, trust, or amendment was executed. The estate plan and related financial records must then be reviewed to determine whether the spouse was provided for elsewhere, intentionally omitted, or subject to a valid waiver.

In California, a surviving spouse may assert an omitted-spouse claim in the probate or trust proceeding and request the share provided by statute. The precise filing will depend on whether the property is governed by a will, trust, intestacy, or another transfer mechanism.

In Texas, the analysis generally focuses on the surviving spouse’s existing property rights and statutory protections rather than on a separate omitted-spouse claim. These may include determining which assets are community property, whether property passes by intestacy, and whether homestead, exempt-property, or family-allowance rights apply.

Early legal guidance can help preserve the spouse’s position before assets are sold, transferred, or distributed.

The amount depends on the state, the estate planning documents, the nature of the property, and the decedent’s surviving family members.

In California, a qualifying omitted spouse generally receives the share they would have received if the decedent had died without an estate plan, subject to statutory limitations and exceptions. The surviving spouse’s intestate share may include the decedent’s interest in community property and all or a portion of the decedent’s separate property, depending on whether the decedent left children, grandchildren, parents, siblings, or certain other relatives.

The calculation can become more complicated when assets are held in trust, pass by beneficiary designation, are governed by a marital agreement, or must be characterized as community or separate property.

Texas applies different rules. A spouse who is omitted from a will does not automatically receive an intestate share of property governed by that valid will. However, the surviving spouse ordinarily retains their own community-property interest and may have additional statutory rights. If property passes by intestacy, the spouse’s share depends in part on whether the decedent had descendants and whether those descendants were also descendants of the surviving spouse.

The appropriate process begins with identifying the assets involved and determining how each asset passes. Property may be governed by probate, a trust, joint ownership, a beneficiary designation, a marital agreement, or intestate succession.

A surviving spouse may need to:

  • Review the will, trust, amendments, and marital agreements
  • Determine the date and validity of the marriage
  • Identify and characterize community and separate property
  • Notify the executor, administrator, or trustee of the claim
  • File an objection, petition, or other claim in the appropriate proceeding
  • Request information, an accounting, or preservation of disputed assets
  • Negotiate with beneficiaries or fiduciaries
  • Seek a court determination if the claim cannot be resolved

The precise filing depends on the jurisdiction and the nature of the property. Acting before final distribution can make it easier to preserve assets and prevent avoidable complications.

Being excluded from a will or trust does not necessarily mean that a surviving spouse has no legal rights. The available remedies depend on the state, the timing and terms of the estate plan, the character of the property, and the circumstances surrounding the alleged disinheritance.

A spouse may have grounds to investigate:

  • An omitted-spouse claim under California law
  • Ownership of community or marital property
  • Intestate succession rights
  • Homestead, exempt-property, or family-allowance protections
  • The validity or scope of a marital agreement
  • An improper beneficiary designation or asset transfer
  • Undue influence, lack of capacity, fraud, forgery, or improper execution
  • Whether a fiduciary has withheld or mischaracterized property

A person may generally dispose of separate property by a valid estate plan, subject to applicable statutory and contractual limitations. Disinheritance alone therefore does not establish that the will or trust is invalid. The surrounding facts must support a recognized claim or an independent spousal right.

A surviving spouse should consider contacting counsel as soon as concerns arise regarding an estate plan, asset ownership, fiduciary conduct, or an anticipated distribution.

Prompt advice is particularly important when:

  • The will or trust predates the marriage
  • The spouse has been unexpectedly omitted
  • A probate or trust proceeding has begun
  • Assets are being sold, transferred, or distributed
  • Children or other beneficiaries dispute the spouse’s rights
  • A prenuptial or postnuptial agreement is involved
  • There are concerns about undue influence, fraud, or incapacity
  • The fiduciary refuses to provide information
  • Property has been characterized as separate rather than community
  • A filing or objection deadline may be approaching

Early intervention can help preserve evidence, identify available remedies, and reduce the risk that disputed property will be distributed before the spouse’s rights are evaluated.

The cost of probate litigation depends on the complexity of the dispute, the value and type of property involved, the amount of investigation and discovery required, and whether the matter can be resolved through negotiation or mediation rather than trial.

Potential expenses may include attorney fees, court costs, depositions, expert witnesses, forensic accounting, property tracing, document review, and appraisal services.

RMO LLP may offer different fee structures depending on the nature and value of the matter, the strength of the claims, and the anticipated scope of the representation. A meaningful assessment requires a review of the estate planning documents, property interests, available evidence, and potential recovery.

Concerns about cost should not prevent a surviving spouse from seeking an initial evaluation, particularly when important rights or substantial assets may be at risk.

It can be valuable to work with counsel who understands both the governing state law and the procedures of the court handling the probate or trust proceeding. Local familiarity may help an attorney anticipate filing requirements, scheduling practices, and other practical considerations.

However, proximity alone should not determine the choice of counsel. Experience with contested trusts and estates, spousal property rights, fiduciary disputes, and the specific issues involved is equally important.

RMO LLP represents surviving spouses in probate and trust matters throughout California and Texas, providing strategic guidance tailored to the applicable law, the court overseeing the matter, and the client’s individual circumstances.

Practice Areas

We have decades of experience getting results for people like you. Our team will listen to you, investigate your claims, develop a strategy aimed at accomplishing your goals efficiently and cost-effectively, whether that’s through negotiated resolution, formal mediation or trial, so that you can move on with your life. Schedule a free consultation, or give us a call.

Spouses may find themselves having to navigate trust litigation if they believe a trust instrument has been altered, or if they are facing disputes from another beneficiary asserting that their share of an inheritance is unjust. We represent spouses in trust litigation, providing them with the support needed to navigate these disputes, build a case in defense, and seek the best possible resolution in less time and for less legal spend. 

Probate estate litigation may arise when beneficiaries or legal heirs contest the decedent’s estate plan, dispute their share of an inheritance, or believe the estate is being handled irresponsibly. Whether you are a spouse who has stepped into the role of personal representative during the administration of the estate or believe that you are at risk of losing the inheritance that is rightfully yours, we can help. WIth decades of experience navigating the ins and outs of probate, our attorneys will take the steps necessary to settle your loved one’s estate and, if necessary, assist you in building a case to resolve your probate disputes as soon as possible.

If your loved one has become incapacitated and is incapable of handling their own personal or financial affairs, a judicial conservatorship may be necessary to protect their interests. In some cases, spouses may step into the role of the conservator, having to navigate complex and confusing legal processes. In others, spouses are forced to protect their loved one’s interests against abuse from a conservator. In any case, we can step in to support you and ensure that your and your loved one’s interests are protected. Whether you need help analyzing whether a conservatorship is warranted, have concerns about how a conservatorship is managing their responsibilities, or need help defending against a frivolous conservatorship action, we can help.

Individuals may be vulnerable to the risk of financial elder abuse and exploitation as they age, which can impact their estate and their entire family, including their spouses. Many states, like California and Texas, have specific statutes to provide extra protections to those 65 years of age and older who were victimized by the fraud or theft of another. Our attorneys have successfully prosecuted and defended hundreds of individuals who have been accused of financial elder abuse cases. If you believe your spouse has been the victim of financial elder abuse or you are being wrongfully accused, we will help build a case and seek restitution to protect their interests and their estate. 

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