Power of Transfer

Question 1

Under UPC, A spouse who is not mentioned in a will is entitled to an intestate share of the estate if the marriage began AFTER the will, unless…

Answer 1

1. A valid pre-nup exists.
2. The spouse was given property outside the will in lieu of disposition in the will;
   OR
3. The spouse was specifically excluded from the will.

Question 2

What are Pretermitted Heir statutes?

Also called “omitted child” statute

Answer 2

They permit children of a T under certain circumstances to claim a share of the estate even though they were omitted from the T’s will.

If a child is born or adopted after a will is executed a presumption is created that the omission of the chiid was accidental.

Question 3

When does the omitted child statute NOT apply?

Answer 3

1. It appears the ommission was intentional
2. T had other children at the time the will was executed and left substantially all of his estate to** the other parent of the omitted child**
3. T provided for the child outside of the will and intended that to be in lieu of a provision in the will.