What legal term describes Maria's status concerning Hank's will?

Maria's status concerning Hank's will is best described as a pretermitted spouse. A pretermitted spouse refers to a spouse who is unintentionally omitted from a will, typically because they were married after the will was executed. In many jurisdictions, including Florida, when a new spouse is married after the execution of the will, the law grants them certain rights to inherit from the decedent's estate, even if they are not mentioned in the will.

This legal term acknowledges that the omission may not reflect the testator's intent to exclude the spouse from inheritance. Instead, it implies that the spouse is entitled to a share of the estate as if they were included, protecting their rights in light of significant family changes such as marriage. Understanding this concept is crucial in estate planning and probate law, as it helps ensure that an individual's intentions regarding their estate are honored while also safeguarding the rights of family members, particularly newly married spouses.