PRETERMITTED HEIR

Summary

A pretermitted heir is a child or direct descendant (like a grandchild) who was accidentally or improperly left out of a person's will, typically because they were born after the will was written or the parent forgot to include them. Most states have 'pretermitted heir statutes' that automatically give these forgotten heirs a share of the estate, usually equal to what they would have received if there was no will at all (intestate succession). This legal protection ensures that children aren't accidentally disinherited due to oversight.

Usage Context

This term is crucial when studying wills and estate planning, particularly when analyzing inheritance disputes, understanding intestate succession backup rules, and learning about statutory protections for family members. It's especially important in bar exam preparation and practical estate planning scenarios.

Common Confusions

• Confusing pretermitted heirs with intentionally disinherited heirs
• Thinking pretermitted heir laws apply to all family members, not just children/descendants
• Assuming these laws work the same way in every state
• Believing that any mention of a child in a will prevents pretermitted heir status
• Mixing up pretermitted heirs with omitted spouses