Hi there,
Creating and maintaining legal forms might sound like the least glamorous part of practicing law. But in my opinion, it’s one of the most important. It’s the behind-the-scenes work that ensures every estate plan starts with a strong, vetted foundation, ready to be tailored to the specific needs of each client.
My first boss and legal mentor,
Harlan Dodson, taught me that. And he made it fun. He nicknamed my old rescue dog, Sylvie, the “forms hound.” He’d ask how the forms hound was doing, and sometimes even send updates to her attention.
That early lesson came to mind when I got a question from a podcast listener named Leslie. She signed her Will five years ago when she had one child. Last year, she had twins.
Her question was simple: Does my Will still work—or do I need to change it?
It’s a question I heard all the time as an estate planning attorney. The answer depends on how the Will was written.
Because I used solid forms, I knew none of my clients would ever end up with a “pretermitted child” (the legal term for a child unintentionally left out of a Will). Each time a client called after having a new baby, I could reassure them their Will already included future children.
Some Wills anticipate life changes like new children. Others don’t. And when they don’t, the fallout can be messy.
In this week’s Tuesday Triage, I examine what happens when new children aren’t included in a Will, and why the law calls them “pretermitted children.” We’ll look at:
- How state laws can differ in how they handle children born after a Will is signed
- Why the exact same Will could play out very differently in another state
- The estates of Heath Ledger and Anna Nicole Smith—two very public examples of what happens when Wills don’t keep up with life changes
- How DNA tests are creating surprise heirs and reopening old estates
