Define: Omitted Heir

An omitted heir refers to a person who would have been entitled to inherit from a deceased person’s estate but was not included in the will or estate plan.

The law varies depending on the jurisdiction, but generally, omitted heirs are protected by statutes that provide them with a share of the estate, similar to what they would have received if the deceased had died intestate (without a will).

There can be various reasons for omitting an heir, such as a strained relationship, lack of knowledge about the heir’s existence, or intentional exclusion due to personal reasons.

Yes, an omitted heir can challenge a will if they believe they were wrongfully excluded. They may need to prove that the omission was unintentional or that the deceased was not of sound mind when making the will.

If an omitted heir successfully challenges a will, they may be entitled to a portion of the estate, typically determined by the laws of intestacy in the jurisdiction.

In some cases, yes. If an omitted heir can prove that they were intentionally omitted from the will, they may be entitled to a larger share of the estate than what they would have received under intestacy laws.

In some jurisdictions, it is possible to completely disinherit an heir by including specific language in the will that clearly expresses the intention to exclude them. However, laws regarding disinheritance vary, and some jurisdictions may still provide a minimum share to an omitted heir.

Generally, assets that were transferred outside of the probate process, such as through joint ownership or beneficiary designations, are not subject to claims by omitted heirs. These assets pass directly to the designated beneficiaries.

Gifts made by the deceased before their death are generally not subject to claims by omitted heirs. Once a gift is legally transferred, it is no longer considered part of the deceased’s estate.

The treatment of assets held in a trust depends on the specific terms of the trust. If the trust was properly established and funded, the assets may not be subject to claims by omitted heirs. However, if there are issues with the trust’s validity or administration, an omitted heir may have grounds to challenge it.