Leslie signed her Will five years ago when she had one child. Last year, she had twins. Does her old Will still work—or does it need to be updated? In this episode, Jill answers Leslie’s question and dives into the legal concept of “pretermitted children.” Jill looks at how different states handle this issue and unpacks what happened in the high-profile estates of Heath Ledger and Anna Nicole Smith when their Wills didn’t account for new children.
What You’ll Learn in This Episode
When a Will may still work with more children. Some Wills are drafted with language that automatically includes “any child born or adopted after the date of this Will.” If that’s the case, you may not need to update your documents every time your family grows.
What “pretermitted children” are and why it matters. Most states have laws that protect children born after a Will is signed so they aren’t unintentionally disinherited. These laws can dramatically change how an estate is divided.
How Tennessee law handles afterborn children. In Tennessee, a pretermitted child can claim a share of the estate as though the parent had died intestate, without a Will, potentially reducing what other beneficaries receive.
How the same Will can have totally different outcomes in different states. Using Leslie’s example, her twins could inherit a share under Tennessee law, but in New York they might get nothing. State law really does matter.
Celebrity cautionary tales
The DNA twist. A 2023 Oklahoma case shows how modern DNA testing can lead to surprise inheritance claims from unknown (or unacknowledged) children.
When you should update your Will
Even if your Will includes future children, you’ll need an update if:
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