Pretermitted Children Flashcards
H and W were married in 1995. Later that year, H executed a will leaving all his property to W if she survived him, otherwise to his mother. In 2001, H and W had a child, A. W died during childbirth. In 2014, H died in an auto accident. He had never revoked or modified his 1995 will. What are A’s rights to share in H’s estate? Why?
A is entitled to an intestate share–here, the entire estate, since the entire estate would have gone to W and there are no other children.
A pretermitted child is entitled to take an intestate share UNLESS it appears that omission was intentional.
H and W were married in 1995. Later that year, H executed a will leaving all his property to W if she survived him, otherwise to his mother. In 2001, H and W had a child, A. In 2014, H died in an auto accident. He had never revoked or modified his 1995 will. What are A’s rights to share in H’s estate? Why?
A is entitled to an intestate share, but would get nothing since W is still alive.
H and W were married in 1995. Later that year, H executed a will leaving all his property to W if she survived him, otherwise to his mother. In 2001, H and W had a child, A. W died during childbirth.
In 2005, H executed a codicil to his will in which he named a new executor, X, and reaffirmed and ratified the previous will. In 2014, H died in an auto accident. What are A’s rights to share in H’s estate? Why?
No right to share. The will was republished by codicil and did not include A. Since A was born before the republishing, the omission appears to be intentional. Mother will get it all.
