Pretermitted children are those unintentionally omitted from a parent’s will. Most states enacted special statutes protecting the inheritance rights of pretermitted children.
The Florida Legislature enacted the pretermitted child statute allowing a pretermitted child to receive a mandatory share to avoid unintentional disinheritance. Specifically, Section 732.302 applies to pretermitted children. This Section states the following:
“When a testator omits to provide by will for any of his or her children born or adopted after making the will and the child has not received a part of the testator’s property equivalent to a child’s part by way of advancement, the child shall receive a share of the estate equal in value to that which the child would have received if the testator had died intestate, unless: (1) It appears from the will that the omission was intentional; or (2) The testator had one or more children when the will was executed and devised substantially all the estate to the other parent of the pretermitted child and that other parent survived the testator and is entitled to take under the will.”
Because of the limited statutory language set forth in the Florida Probate Code, you should speak with an attorney regarding your rights as a pretermitted child.