Intentional Omission of a Child

Question 1

3 categories

Answer 1

Disinheritance

Pretermission

Child that is not mentioned or expressly disinherited

Question 2

2 ways to intentionally disinherit a child

Answer 2

Leave your estate to everyone else except the person you want to disinherit

Specifically state in the will that you’re disinheriting someone

Question 3

What happens to the children of a disinherited child?

Answer 3

They are presumptively disinherited too

Question 4

What happens if all takers are disinherited?

Answer 4

Property escheats to the state

Question 5

Disinheriting a minor child

Answer 5

(a) Minor children who have been disinherited are very likely to win intestate share if they contest the will UNLESS

(1) All of the estate has been given to the surviving parent of that minor child
(2) If the child was provided for outside of the will through insurance, revocable trust assets, or another form of will substitute – child will be unsuccessful at challenging the will

Question 6

Pretermission

Answer 6

i. Children born after a will was executed and are not named in the will are going to get their intestate share, so long they were not specifically disinherited

***pretermission only applies to probate property

Question 7

Child that is not mentioned or expressly disinherited

Answer 7

If child is living when the will was drafted, the presumption is that the child was intentionally left out

The presumption can be over come by clear and convincing evidence