Omitted Child Statutes

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Normally, children who are cut out of their parents’ will cannot file claim against their parents’ estate. However, in rare cases when the child is born or adopted after the will is executed, omitted child statutes allow that child to file claim against the estate. Omitted child statutes are designed to effectuate an imputed intention to include the after-born child in the parents’ will. The statute protects only inadvertently omitted children.