There are many different reasons why you might be curious about the process of omitting a child from your will or particularly disinheriting this party. Some of these can include not wanting to give more to a child who already has enough, concerns over a child who might squander an inheritance, or estrangement.

One of the most important things to consider in California as it relates to omitting a child is whether or not the child was adopted or born after the testamentary documents of the decedent were already created.

The Probate Court section 21620 in California presumes that a child adopted or born after the creation of these testamentary instruments, such as a trust or will, will automatically receive a share of the decedent’s estate. There are three primary exceptions, however. These include:

  • Whether the decedent gave substantially all of the estate to the omitted child’s other parent.
  • Whether the decedent provided for the omitted child otherwise and expressed that intention in the will or trust.
  • Whether the decedent’s testamentary instrument shows the intention to omit the child.

California law typically favors an omitted child receiving a share when it comes to children that are born or adopted after the creation of documents. Courts have generally sided in the favor of the omitted child except when the clear intention from the decedent is listed in the will or trust or other gifting. For more information about how to align your estate plan with your needs, schedule a consultation with a Pasadena area probate planning attorney.    

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