Intentional Omission of a Child

Every state except for Louisiana allows parents to disinherit their children. However, disinheriting a child is risky because it invites a will contest. In Louisiana, you cannot fully disinherit a child who is under 23, mentally infirm, or disabled. If there is just cause (typically the child has to be abuse to the parent), then full disinheritance may be permitted.

Unintentional Omissions

Spouse Omitted from Premarital Will

In re Estate of Prestie

138 P.3d 520 (Nev. 2006).

Facts

W.R. and Maria were married and divorced a couple years later. W.R. had a trust where he gave everything to his son. Eventually, W.R. became ill and Maria moved into his condo to help take care of him. W.R. then executed an amendment to the trust where Maria was given a life estate in the Condo. A few weeks after the amendment, Maria and W.R. were married for a second time.

When W.R. died, there was no provision in his will to provide for Maria. She sought to revoke the will as to herself so she could take the interstate spousal share. W.R.’s son protested, saying the trust amendment was enough to provide for Maria’s needs.

Analysis

Here, there was an unintentional omission of a spouse in a will that was executed before the marriage took place. As there was no marriage contract providing for Maria’s needs, thte Nevada statute allows the will to be revoked so she can take an intestate share of the estate. An amendment to a trust does not substute for the marriage contract. As such, Maria will take the spousal share of the estate and maintain a life estate of the condo.

Will Laursen

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