Gifts to Children

Question 1

Child Intentionally Omitted

Answer 1

Is not entitled to a share of decedent’s estate.

However, if portion of will fails, child entitled to intestate share UNLESS will intentionally disinherits child.

Question 2

Legal Definition of Children

Answer 2

Common Law: only biological, full blooded, children born in wedlock

Modern View: any child in legal definition (including half blood & adopted)

Question 3

Non-Marital Children

Answer 3

Inheriting from father must first establish paternity

Question 4

Inheritance by Equitable Adoption

Answer 4

Child may be informally adopted through words or conduct. When a person takes in a child and assumes parental responsibilities.

Question 5

Pretermitted Children

Answer 5

One who was unintentionally left out of a will.

If child born/adopted after execution of will, child entitled to intestate share unless intentionally omitted.