When an Omitted Heir Can Access an Inheritance

Arguments often erupt when someone discovers they were left out of a will or trust. This is true whether the omission was intentionally or by mistake. These individuals are sometimes referred to as omitted heirs.

For Florida families, understanding the rights of omitted heirs is essential to ensuring that loved ones are treated fairly and that the decedent’s true intentions are honored. If you believe you may be an omitted heir or you are involved in a dispute over estate distribution, contact a Pompano Beach estate litigation lawyer.

Definition of an Omitted Heir

An omitted heir is a legal term describing a family member (often a spouse or child) who was not included in a deceased person’s will. In some cases, the omission was deliberate. In others, it was accidental, occurring because the document was written before the heir was born, adopted, or married into the family.

Florida law recognizes that people’s circumstances change, and it offers protections for heirs unintentionally excluded from an estate plan. Under Florida Statutes, a pretermitted child (one born or adopted after the execution of the will) may still have rights to a portion of the estate, unless the will shows that the omission was intentional or that the child was otherwise provided for. Similarly, a pretermitted spouse may be entitled to the same share they would receive under intestate succession laws.

Omitted heirs are not automatically entitled to inheritance. It depends on several factors, including timing, intent, and the language of the estate plan. Courts will carefully examine whether the omission was accidental or purposeful.

An omitted heir may be able to access an inheritance if:

• A child or spouse was not yet part of the testator’s life when the will was made and there’s no indication the omission was deliberate.
• The will or trust does not provide assets for the omitted heir through other arrangements, such as life insurance or joint accounts.
• Birth, marriage, divorce, or adoption can all create grounds for an omitted heir claim if the testator failed to revise their estate plan accordingly.

In these and other unique situations, a court may grant the omitted heir a portion of the estate.

Why These Cases Require Legal Guidance

Estate litigation involving omitted heirs can become complex quickly. Other beneficiaries may dispute the claim, arguing that the omission was intentional or that the heir has already received sufficient support. These cases often hinge on interpreting the decedent’s intent and reviewing estate planning documents, correspondence, and witness statements.

A knowledgeable Pompano Beach estate litigation lawyer can evaluate whether an omitted heir has a valid claim, file the necessary petitions, and represent the heir’s interests in probate court. Sometimes negotiation or mediation can resolve disputes without drawn-out litigation.

What happens if you believe you were wrongly left out of an estate? Florida law provides avenues for fairness but success depends on timing, documentation, and experienced legal representation. Share the details of your situation with the attorneys at Mark R. Manceri, P.A. Schedule a confidential consultation today.