Legal Question in Wills and Trusts in Texas
Interesting situation I'm in...
My father passed away several years ago. I was born less than four months before my father's will was accepted by the courts. My name was not included in the will (for reasons unknown to anyone, honestly). My question is this: Is there a clause, statute, or precedent that would have me included as one of the heirs considering that I was so young at the time of the will's drafting?
2 Answers from Attorneys
Re: Interesting situation I'm in...
You are an heir at law. The will would determine your share of the property. If this is an oilfield fortune or an estate now worth millions, you should see a lawyer. Then you can find the specific answer to your question. Good Luck.
Re: Interesting situation I'm in...
You are what is referred to as a "pretermitted child": that is a child who is omitted from a parent's will. There is a long history of the courts presuming that a child whose name is not listed in a parent's will was omitted unintentionally. Therefore the presumption is that a pretermitted child is entitled to a share of the estate unless specifically disinherited in the will.
The specifics are described in Section 67 of the Texas Probate Code.
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