Pretermitted Heirs

A pretermitted heir is a person who would be listed as a beneficiary in a will, but was not listed because the testator did not know the person at the time the will was originally written. Typically these types of cases involve a child or spouse that the testator did not know existed or was still living when the will was drafted. Since the testator was not aware that there was an option to include this previously unknown person in the will, he or she unintentionally left out a family member who under other circumstances would have been included in the will.

A pretermitted heir can significantly change the outcome of an individual's will. If the court determines that the heir was accidentally overlooked by the testator, the heir will likely be granted a portion of the estate. If the heir is a pretermitted child, the court may choose to rule that the child gets a portion of the estate as outlined by Texas intestacy laws. Conversely, a judge may instead decide that the child should receive an amount of the estate proportional to that given to other children listed in the will. Either way, the division of the estate will be modified to include a portion for the pretermitted heir.

If you believe that you may have unknown heirs and are worried that they may try to claim a part of your estate after you pass, you have the option to include a clause in your will that dismisses any unknown heirs or heirs not already named in the will. This clause will disinherit any heirs not already named in the will so that they cannot claim a portion of your estate after your death. This also provides some protection against fraudulent heirs who claim to be a pretermitted child or spouse but are actually a fraud.

Contact Us

If you believe that your will is going to be controversial among your family or that you may have unknown heirs, talk to a probate lawyer immediately about your will. A probate attorney can help you draft a will that protects your estate from pretermitted heirs, fraud, and will contests even after you are gone.

For more information on the steps that you can take to safeguard your will, please contact the experienced Austin probate lawyers of Slater Kennon & Jameson, LLP today at 512-338-1100.