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November 10

Will Contest: What Determines Whether A Child Is A Pretermitted Child?

Written by Thomas Upchurch ,

The pretermitted child statute was enacted by the Florida Legislature to allow a pretermitted child who was unintentionally left out of a Will to receive his or her mandatory share. A prime example is when two pretermitted children came to me after their mother passed away unexpectedly and they realized she accidentally left them out of both her Will and Trust. Both children were adopted after their mother created her Will and Trust.  The mother had no natural born children but was survived by several sisters. The estate was worth approximately 3.5 million dollars and the pretermitted children wanted their rightful share of their inheritance. In order to determine if they should proceed, I had to determine if they were pretermitted children.
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