Florida Law Governing Pretermitted Heirs - Spouses and Children
Pretermitted heir is a legal term that describes a person who would likely stand to inherit under a will, except that the testator (the person who made the will) did not know, or did not know of, the party at the time he or she made the will. Pretermitted spouses and children are governed under Fl. Stat. §§ 732.301-.302.
Pursuant to Fl. Stat. § 732.301, a surviving pretermitted spouse shall receive a share in the estate of the testator equal in value to which the surviving spouse would have received if the testator would have died intestate. However, there are 3 exceptions:
1. If a pre- or post-nuptial agreement has been made and the spouse has waived this right or a provision has been made in the agreement.
2. If the spouse if provided for in the will.
3. The will discloses an intention not to make provision for the spouse.
Pursuant to Fl. Stat. § 732.302, a child, born or adopted, after the testator made his or her will and the child has not received his or her portion by way of advancement, the child shall receive what he or she would have received had the testator died intestate, unless
1. It appears from the will that the omission was intentional, or
2. The testator had one or more children when the will was executed and divested substantially the entire estate to the surviving parent of the pretermitted child.
Pretermitted heirs can be avoided if you keep your will up to date. A Florida Estate Planning Attorney can keep your will is up to date and ensure your property is divested as you intended.
