- If there is a portion of the estate that is not disposed of under the terms of the parents will or trust, the pretermitted childs inheritance will be made from those assets.
- If all assets have been disposed of by the terms of the parents estate plan, the pretermitted childs share of the estate will be taken from the named beneficiaries in equal proportion to the value that they would otherwise receive, respectively.
It should be noted, however, that if the parent made a specific bequest of a certain asset to a named beneficiary in the will or trust, that particular asset can be exempted. In other words, if your mother specifically left her wedding rings to your sister Susie, then Susie can claim the rings are exempted from the amount to be paid to the pretermitted child. If you are a pretermitted child or you have other questions regarding estate administration and inheritances, let the legal team at The Legacy Lawyers help. Call to schedule your no-cost consultation: (714) 963-7543.