How Probate Litigation Attorneys in Los Angeles deal with Pretermitted Spouse and Child Cases?
Many times, Probate litigation attorneys in Los Angeles have to handle omitted (pretermitted) spouse and pretermitted child matters. An omitted spouse is usually a person who marries the testator after creating a Will or Trust, while the pretermitted child or omitted child is the one who was born to or adopted by the testator, after writing a Will or trust.
Omitting to mention a spouse or a child, can result in the mentioned beneficiaries having to share their estate/trust distribution with the pretermitted spouse or the child or both, despite the omission.
So, in essence, an omission is not an omission unless intentionally stated so in the will or trust.
Except for certain exceptional conditions, the omitted spouse is entitled to get one half of the estate property, quasi-community property and also a share in the separate property.
The child, either born to or adopted by the testator, is entitled to get a share from the estate of the decedent, even if the testator has failed to provide by trust or will, according to Prob C 21620.
- The testator did not have intention to allot a share for the child and that intention is registered on the will according to Prob C 21621 (a)
- If the testator had children or child while the will was written and devised almost all the estate to the other parent of the pretermitted child, (according to Prob C 21621(b))
- If the testator offered other provisions instead of testamentary gifts – shown by the statements of the testator or amount of transfer or through any other evidence (according to Prob C 21621 (c))
In short, if you write a will or trust before marriage or before getting an additional child or children, make sure not to ignore the pretermitted spouse or pretermitted child. If you overlook and omit a spouse or child without stating so in your will or trust, the Probate litigation attorneys in Los Angeles may alter your will or estate plan or trust against your wishes.
Probate Litigation Attorney Los Angeles: Contact Mina Sirkin at 818.340.4479