Toebe v. Balyk
Generally, if a person makes a will or creates a revocable trust, then marries, then dies without having modified the will or revocable trust after the marriage, the surviving spouse is entitled to a share of the estate, regardless of the terms of the will or revocable trust. (Prob. Code, § 21610; hereafter, unspecified code citations are to the Probate Code.) One exception to this general rule applies if, before dying, the decedent gave the surviving spouse something and meant that gift to take the place of the surviving spouse’s share of the estate. (§ 21611, subd. (b); hereafter § 21611(b).)
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