You Now Know: The Pretermitted Heir Rule

The Pretermitted (try typing that into your iPhone!) Heir Rule

Are You Pretermitted?

If you are, one of your parents has passed on, leaving a last will and testament, and neglected to mention you by name. If that’s the situation the will can be challenged, perhaps requiring the estate to pass by intestate succession rather than per the terms of the will. The thought being that if one forgot to mention his own child, one must be incompetent (and therefore lacking testamentary capacity). Did they leave you one dollar? That’s okay!

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