Pretermitted Children

One of the major problems that can arise when a person puts a will into place is the lack of perfect foresight. While a person can make a large number of special provisions for very specific events or circumstances, there are several more unlikely scenarios that could crop up. In terms of unexpected events, the birth or appearance of a child after the execution of the will stands as an important possibility to consider.

For more information regarding your options when drafting a will or testament, contact the Houston wills and trusts lawyers of Garg & Associates, P.C., at 281-362-2865 today.

The Effect of Pretermitted Children

There are two major ways a pretermitted child can become an issue in a will that has already been executed. After the drafting of the will, another child may be born into the family, and it is reasonable to assume that the child would have received some inheritance. Additionally, a child unknown to the creator of the will may appear after the creation of that will. This can include children born out of wedlock or farther out in a family tree. The following can occur when a pretermitted child contests a will:

  • The will includes a clause against pretermitted children
  • The will includes a clause specifically for pretermitted children
  • If the testator had children, the child in question receives a sum similar to their siblings’
  • If without children, the child receives a sum relative to other family members

Although this system depends largely on whether the person creating the will had children or not, as inheritance may be adjusted accordingly, it can still be a potentially major change for those with or without large families.

Contact Us

If you have been considering the future of your estate and how you wish to divide your property when you are gone, the Houston wills and trusts attorneys of Garg & Associates, P.C., may be able to help. Contact us today by calling 281-362-2865.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
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Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.