The Forgotten Child

Last willFor some reason I have a run of kids that seem to have been forgotten during the first will preparation interview of late.

The client comes in, even fills out the form about who their children are, then we have the meeting, discuss what is their desires, and a first draft is sent out US Mail as a hard copy.

Then something happens. Perhaps it is guilt. Perhaps they just remember that long ago in another state another child was born, but the fates separated them somehow. An excited call comes to the office to amend to include this flesh and blood so long ignored, often with stressful questions as to what trouble this means. Shakespeare missed a good plot, but I believe there was a child of this nature that undermined everything in the musical “Camelot”.

This happens so often there is actually legislation about children who are forgotten. They are called “pretermitted”. This forgotten child is due whatever percentage he or she would have received had the parent died without a will.

The most recent iteration of our statute has the pretermitted claim limited to children born after the will is signed. Still, there will be a fight in any case.

Death is a good time to remember children, particularly in a will. You may have cause to disinherit, but do so expressly, lest that Iago child of your youth return to spoil Othello’s estate.