Children's Rights in Estate Wills
The probate laws of the state in which the decedent died protect the rights of children in wills, trusts and estates. The rights of the children vary based upon their relationship to the decedent and whether they were named in the will.
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Family Allowance
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Children of the decedent are able to reserve a specific portion of the personal property for themselves, provided the decedent supported them. The probate law of the state determines the portion of the property received in the family allowance.
Pretermitted Children
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Children of the deceased who were born after the will was created are called pretermitted children. Pretermitted children can claim a share of the property they would have received had the decedent died without a will. The share they receive is based upon the number of siblings they have and whether the decedent died while married.
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Guardian
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Children who are minors at the time of the decedent's death will have a guardian appointed to represent them and to protect the property they receive. This guardian may be the parent of the child or a court-appointed guardian.
Warning
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This is not legal advice or representation. The laws of your state may vary from other states. Seek the assistance of an attorney in your state regarding your rights in estate law.
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References
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