Contesting a will in Texas

What is a pretermitted child

A pretermitted child is a child who is born or adopted after a will is made and is not mentioned in the will. Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take a portion of the estate even though he is not mentioned in the will.

Follow Us

Let Us Help You

pretermitted child or a “forgotten child” is a child of the deceased who is both:

 1. born or adopted after a parent’s will is executed, and

 2. is not otherwise provided for by the parent.

Most states have statutes that deal with this issue. In Texas, the statute provides that if the child is not otherwise provided for by the deceased parent, the child will take a portion of the estate even though he is not mentioned in the will. §255.051, et. seq. Remember, if there is no will, the child would inherit a child’s share of the estate so the pretermitted child statute only applies if there is a will.

I have written on my blog about the requirements pretermitted children need to show in order to receive their inheritance and referenced several cases. To see a discussion of some Texas cases on inheritance rights of pretermitted children, click here.

Update: A 2017 case out of Pennsylvania had an interesting twist in a pretermitted child case. The child, who was born before the will was executed, attempted to get around the requirement that the child had to be born after the will was executed by claiming that her father was not aware of her existence until after the will was executed. The court did not agree and denied her status as a pretermitted child because she was born before the will. Estate of Sidney Rothberg, Deceased, No. 1428 EDA 2016, 2017 PA Super 198.

If you have questions about your Texas inheritance rights and would like to talk to an estate planning attorney or a lawyer who is familiar with Texas inheritance and probate law to advise you about your Texas inheritance rights, click on the “Contact Us” tab at the top.

I have a podcast on pretermitted children that you can listen to by using the links below:

Join the List

Who and What we Are

Robert Ray is Board Certified

Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization. We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).
Contesting a will in Texas

Your Privacy

We take your privacy very seriously. We are keenly aware of the trust you place in us and our responsibility to protect your privacy. We treat all information provided to us with care and discretion.

Let Us Help You.

Contesting a will in Texas

Zoom type workshops?

In the age of Covid-19. we have been thinking of having monthly or bi-monthly, free, Zoom type workshops where participants discuss with us issues that are of interest to them. There would be no agenda, we would discuss areas that the participants wanted to discuss. Participants could attend by computer, tablet or smartphone.

This would be a public Zoom type meeting so nothing personal or confidential should be discussed. Just general questions. Personal or confidential questions should be asked by using the Contact Us tab above.

If you think we should start having these workshops, please leave your email so we can notify you?

We will notify you if we decide there is interest in the workshops. Thanks for letting us know.

Pin It on Pinterest

Share This