Omitted Children

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What are Omitted Children?

Children who are not mentioned or provided for in a will or trust, either unintentionally or because they were born after the will was created. State laws often protect the rights of omitted children in inheritance matters.

Refers to children who were not included in a decedent’s will, either intentionally or unintentionally, often because they were born or adopted after the will was executed. In many states, omitted children (also called pretermitted heirs) may still have rights to a portion of the estate, even if they were not named in the will. These laws protect children from being unintentionally disinherited, although exceptions apply, especially if the omission was clearly intentional or the child was provided for outside the will.

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