Orlando Probate Litigation: When Do Pretermitted Children Inherit?

Uncategorized • Feb 13, 2019

In Orlando probate litigation, what is a pretermitted heir? When do pretermitted children inherit in Orlando? What should Orlando probate lawyers know about pretermitted children and your Orlando probate matter? You may want to read Florida Statute 732.302. Furthermore, if you believe you are a pretermitted heir of a person who has passed away in Florida, you should contact a Florida probate lawyer who specializes in wills, trusts and estates. If your dad or mom wrote his or her Florida will before you were born, you may still be able to inherit. To interview the managing partner at Pankauski Hauser, free of charge, call (561)514-0900 Ext. 101.

732.302 Pretermitted children.—

When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless:

(1) It appears from the will that the omission was intentional; or

(2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.

The share of the estate that is assigned to the pretermitted child shall be obtained in accordance with s. 733.805.

History.—s. 1, ch. 74-106; s. 16, ch. 75-220; s. 958, ch. 97-102; s. 36, ch. 2001-226.

Note.—Created from former s. 731.11.