A pretermitted spouse or child may have certain rights under Florida law.
A pretermitted spouse is a spouse who the deceased person married after his or her will was executed and who was not provided for in the deceased person’s will. A spouse who is pretermitted will receive a share in the deceased person’s estate equal to the amount he or she would receive under the intestate statute unless the pretermitted spouse signed a pre- or post-nuptial agreement or the will specifically states that the person had the intention not to make a provision for the spouse.
Substantially similarly, a pretermitted child is a child of the deceased person who was born or adopted after the deceased person executed his or her will and who was not provided for in the deceased person’s will. A pretermitted child would receive the equivalent of his or her intestate share with the exception of a couple of contingencies. First, if the child was given a part of his or her parent’s property equal to the value of his or her testate share, the court will not give the child another share. Second, if the deceased person left substantially all of his or her property to the child’s other parent, the court will not award the child any share of the estate. Third, if the will makes the omission intentional, the child will not receive anything.
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