Does Marriage Override a Trust?

Does Marriage Override a Trust?


No, marriage doesn’t in and of itself “override” a will. It can, however, protect a surviving spouse’s rightful share of the decedent’s estate.

To put it another way, if a decedent’s will aims to distribute more than the decedent’s 50% share of the community property, or property that never belonged to the decedent in the first place, a spouse may be entitled to “override” the terms of the will in reclaiming their rightful share of the decedent’s estate.





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