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Related to pretermitted: Pretermitted children, Pretermitted spouse
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A great deal will be learned when the Court addresses the constitutionality of Title II of the ADA--a question presented in Garrett but pretermitted by the Court.
A pretermitted heir is a person who would likely stand to inherit under a will but whom the testator omitted by accident or because he or she was not yet born.
In Anna Nicole's case, her daughter, Dannielynn is arguably a pretermitted heir because she was born after Anna Nicole's will was created.
Under California's pretermitted heir statute, an heir that was intentionally excluded cannot use the pretermitted heir statute to take a share of the decedent's estate, as long as the intention to exclude that child is clear from the face of the will.
The new parents will want to name a guardian in the event of both parents' demise during minority, create a testamentary or lifetime trust to avoid appointment of a guardian of the property of the minor, and revise wills to avoid pretermitted child treatment.
Wills in Contemplation of Marriage or Children to Avoid Pretermitted Intestate Share
In some cases, the will may be made in contemplation of a specific marriage so that the future spouse will not be considered pretermitted, with the will either providing for such person as the testator's spouse or disclosing an intention not to provide for such spouse.