In estate planning, a “pretermitted heir” refers to a child or descendant unintentionally omitted from a will. Mississippi law provides protections to ensure such heirs are not unfairly disinherited, even if they are not mentioned in a parent’s will.
Mississippi’s pretermitted heir statutes safeguard the rights of children born or adopted after a will is created. If a parent omits a child from their will, the law assumes this was unintentional, particularly for children born after the will was drafted. These laws grant the omitted child a share of the estate, reflecting the parent’s likely intent.
Understanding pretermitted heir laws underscores the need for thorough estate planning. Parents should regularly update their wills, especially after significant life events such as the birth of a child or changes in family dynamics. Regular updates clarify intentions and help prevent disputes among heirs. It is important to indicate to your attorney ALL children, including those that have predeceased you or those you intend to disinherit in your will because if they are not mentioned and excluded, Mississippi law assumes you have mistakenly not listed that child (even if intentional) and that child will inherit a child’s share. Engaging in proactive estate planning is essential for clearly articulating one’s wishes and avoiding future complications.
To safeguard your family’s future, contact Sullivan Law Firm. Our experienced team can guide you through Mississippi’s pretermitted heir laws and help create a comprehensive estate plan. Contact us today to get started!
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