Yes, that could happen if your estate is divided per a formula provision that incorporates the provisions of the federal tax code.
This is how it could happen. Suppose you executed a will in 2008 that divided your estate so that your federal estate tax marital deduction is maximized. Back in 2008, the basic exclusion amount was $2,000,000. Today it is $11,180,000. Using that old formula means that your surviving spouse receives nothing under your current will; either outright or in trust.
If you have an old estate plan that uses a formula distribution based upon the maximum marital deduction contact me for a free initial consultation. I can fix this problem so that your actual intent is accomplished.
Don’t wait.