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Pretermitted Children

Pretermitted Children. Defined. Child born or adopted after Testator executes the will. When Pretermitted Child Not Entitled To Share. T provided for PC in will, or. When Pretermitted Child Not Entitled To Share. T provided for PC in will, or T provided for PC by non-probate asset, or.

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Pretermitted Children

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  1. Pretermitted Children

  2. Defined • Child born or adopted after Testator executes the will.

  3. When Pretermitted Child Not Entitled To Share • T provided for PC in will, or

  4. When Pretermitted Child Not Entitled To Share • T provided for PC in will, or • T provided for PC by non-probate asset, or

  5. When Pretermitted Child Not Entitled To Share • T provided for PC in will, or • T provided for PC by non-probate asset, or • T mentioned PC in will.

  6. If Will Makes No Gift to Testator’s Children 1. Ascertain amount of estate not passing to PC’s other parent. 2. Give PC share of this amount as if Testator died intestate with no SS.

  7. If Will Provides for at Least 1 of T’s Then Living Children 1. Ascertain amount of estate given to T’s children. 2. Ascertain number of children beneficiaries. 3. Ascertain number of PCs. 4. Add Bs plus PCs (Step 2 + Step 3). 5. Divide Step 1/Step 4 to determine amount each PC receives.

  8. Problem 5(a) • W’s will gives her entire estate to H.

  9. Problem 5(b) • W’s will gives $25,000 to H and the residuary to the American Red Cross.

  10. Problem 5(c) • W’s will gives her entire estate to the American Red Cross.

  11. Problem 5(d) • W’s will gives $50,000 to A$30,000 to B, and$20,000 to C.

  12. Problem 5(e) • W’s will gives $100,000 to A.

  13. Problem 5(f) • W named P as a beneficiary of her life insurance policy.

  14. Problem 6(a) • W’s will gives her entire estate to H.

  15. Problem 6(b) • W’s will gives $25,000 to H andthe residuary to the American Red Cross.

  16. Problem 6(c) • W’s will gives her entire estate to the American Red Cross.

  17. Problem 7 Concubine – Husband == Wife PC • H’s will leaves entire estate to Wife.

  18. Ozuna v. Wells Fargo – p. 163 • T names Ozuna as a will beneficiary. • T adopts Ozuna. • T dies. • Ozuna wants pretermitted child share as larger than gift under the will. • How much does Ozuna receive?

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