Assess omitted-spouse eligibility from the will and the marriage date
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Place the marriage date beside the date of each testamentary instrument in the file, and list what the instruments give the surviving spouse. Compute no share.
- What the lawyer must review
- You decide the share. California Probate Code § 21610: if a decedent fails to provide in a testamentary instrument for a surviving spouse who married the decedent after execution of all of the decedent's testamentary instruments, the omitted spouse receives a share consisting of the property the section describes, including a share of separate property equal to the intestate share but not more than one-half the value of the separate property in the estate, except as § 21611 provides. Read § 21611 before you advise. Other states use an elective share or a different omitted-spouse rule.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and remaining gaps.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Estate-planning intake questionnaire (United States) | Checklist | AI use Yellow | An intake for a US estate plan that collects family, assets, and fiduciary choices, and that separates the HIPAA authorization from the state-law questions the lawyer still has to open. |
| State-specific estate-planning questions (United States) | Memo | AI use Yellow | A memo that lists the estate-planning points that follow state statute, beside the two federal privacy rules that were opened, and that leaves each state citation blank until it is read. |
Signed-in accounts can read the full text of each one. All precedents.