Pretermitted Child

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What is a Pretermitted Child?

A child who is born or adopted after a will or trust was created and is not provided for in it. Probate laws often protect the rights of pretermitted children to inherit as though they were included in the estate plan.

A child who is unintentionally left out of a decedent’s will, often because they were born or adopted after the will was written. In many states, pretermitted children are entitled to a share of the estate unless it is clear that the omission was intentional or the child was otherwise provided for (e.g., through a trust or other assets). Pretermitted child statutes protect children from accidental disinheritance and ensure they receive a portion of the estate.

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