Legal Question in Wills and Trusts in California

If you are an omitted heir what does that mean? Also, what are your rights?


Asked on 5/07/12, 3:50 pm

2 Answers from Attorneys

Michele Cusack Pollak & Cusack

It means a spouse acquired or child born after the will was made, and may be entitled to an intestate share of the estate.

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Answered on 5/07/12, 4:26 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

Ms. Cusack is correction. I would also add that whether or not one is entitled to a share of the estate as an omitted spouse depends on a number of factors that are set forth in Probate Code. If a decedent's will was executed before marriage or registered domestic partnership and it does not provide for the surviving spouse or partner, the survivor may have statutory rights to inherit as an omitted or "pretermitted" spouse/partner if he or she meets the criteria of Probate Code Sections 21610-21612. Similarly, omitted children (also called "issue") have limited rights of inheritance under Probate Code Sections 21620-21623.

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Answered on 5/07/12, 4:52 pm


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