A pretermitted child is a child who is born after a will has been created and is not mentioned in that will. In many jurisdictions, laws exist to ensure that these children receive a share of their parent's estate, even if they were not specifically included in the will. This legal provision is designed to protect the rights of children who may have been unintentionally overlooked during the estate planning process.
The term "pretermitted child" is primarily used in the context of estate law and family law. It is relevant when discussing the distribution of a deceased person's assets and the rights of heirs. If a child is born after the execution of a will and is not provided for, they may have the legal right to claim a portion of the estate. This can involve various legal forms and processes, which users can manage with tools like US Legal Forms, offering templates drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A couple creates a will stating that their two children will inherit their estate. After the will is signed, they have a third child. This third child, being a pretermitted child, may have the right to claim a share of the estate upon the parents' passing.
Example 2: A single parent drafts a will leaving their assets to their only child. After the will is executed, the parent has another child. The new child, as a pretermitted child, could potentially challenge the will to receive an inheritance. (hypothetical example)
| State | Pretermitted Child Law |
|---|---|
| California | California law provides that a pretermitted child is entitled to a share of the estate unless the will explicitly states otherwise. |
| New York | In New York, a pretermitted child can claim a share of the estate, but only if the parent did not intend to disinherit them. |
| Texas | Texas law allows pretermitted children to inherit a portion of the estate, similar to other children, unless the will indicates a clear intent to exclude them. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Pretermitted Child | A child born after a will is executed and not mentioned in it. |
| Disinheritance | The act of intentionally excluding a person from receiving an inheritance. |
| Intestate | Refers to a person who dies without a valid will, leading to state laws determining inheritance. |
If you believe you are a pretermitted child or are dealing with a situation involving one, consider the following steps:
In complex cases, seeking professional legal assistance is recommended to navigate the intricacies of estate law.
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