Omitted Child Statutes: Legal Protections for Inadvertently Excluded Children
Definition & Meaning
Omitted child statutes are legal provisions that allow children who were not included in their parents' wills to claim a share of the estate if they were born or adopted after the will was created. These statutes aim to reflect the presumed intention of the parents to include all their children, even those born after the will was executed. The statutes specifically protect children who were inadvertently left out of the estate planning process.
Legal Use & context
Omitted child statutes are primarily used in the context of estate law. They provide a legal avenue for children who may have been unintentionally excluded from their parents' wills. This is particularly relevant in family law and probate cases, where the distribution of an estate is contested. Users can often manage the necessary legal forms themselves with the help of resources like US Legal Forms, which offers templates drafted by attorneys.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A couple creates a will in 2010, leaving their estate to their two children. In 2015, they adopt a third child but do not update the will. The adopted child can claim a share of the estate under the omitted child statute.
Example 2: A woman writes her will in 2005, including her son. In 2018, she gives birth to a daughter but does not amend the will. The daughter may invoke the omitted child statute to receive a portion of her mother's estate. (hypothetical example)
Relevant laws & statutes
Omitted child statutes vary by state but generally follow similar principles. Some notable examples include:
- California Probate Code Section 21620
- New York Estates, Powers and Trusts Law Section 5-3.2