Probate
Nov. 13, 2024
Dealing with the burden of an unknown omitted child in estate plans
The Estate of Williams case highlights the challenges unknown omitted children face in California, as they must prove their disinheritance was solely due to their parent's lack of awareness, a difficult burden given the exclusion of other children from the estate.
Sean D. Muntz
Managing Partner, RMO LLP
Email: muntzs@rmolawyers.com
USC Law School; Los Angeles CA
With offices throughout California and Texas, RMO LLP is laser-focused on guiding our trustee, executor, beneficiary, heir, conservator, and guardian clients through some of the most complex and emotionally charged issues life can throw them. Visit www.RMOLawyers.com to learn more.
The deliberate, specific omission of a child from an estate plan often leads to litigation. A disinherited child may challenge an estate plan on various grounds, including that their disinheritance was the result of undue influence by other beneficiaries or an elderly parent's lack of testamentary capacity to make changes to an established estate plan. But what if a child was omitted from an estate plan created before they were born? And what if a parent did not know of the b...
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