In estate planning, there’s often an assumption that a will or trust necessarily reflects the final wishes of the deceased in ways that are both accurate and enforceable. However, situations can arise where close family members are unintentionally left out of an estate plan. In the Golden State, these individuals are known as omitted heirs, typically referring to children or spouses who were not provided for in a will or trust, and who were not passed over intentionally.
California law provides certain protections for omitted heirs, allowing them to challenge an estate plan if they believe they were unfairly excluded. As such, it can be beneficial for omitted children and spouses to explore their rights under state law, the options they have and the circumstances under which they can contest an estate.
Understanding omitted heirs in the Golden State
An omitted heir is a person who would typically be a beneficiary in an estate plan but was unintentionally excluded. The most common omitted heirs are children born after the creation of a will or trust (pretermitted heirs) and spouses who were married to the decedent after the creation of the estate plan. California Probate Code §§ 21620-21623 provides specific guidelines for omitted heirs, giving them a potential legal claim to a portion of the estate.
Rights and protections for omitted children
A child born or adopted after an estate plan is created may be entitled to a portion of the estate if omitted from the plan. This provision assumes the omission was accidental and reflects the likelihood that the decedent would have included the child if they had considered their presence in the family. An omitted child can inherit as if the decedent had died without a will, which means they may receive a portion of the estate consistent with intestate succession laws.
Omitted spouses: Legal rights to the estate
A spouse who married the decedent after the creation of the estate plan is considered an omitted spouse. An omitted spouse can receive an intestate share of the estate, which generally includes half of the community property and possibly a share of the separate property.
Protections for omitted heirs provide a safety net for close family members who might have been unintentionally left out of a will or trust. By offering legal recourse for omitted children and spouses, state law helps to ensure that significant life changes, such as childbirth or marriage, are acknowledged, even if a decedent did not update their estate plan to reflect such realities before they passed away.