Does a Stepchild Need to Be Mentioned in a Will and Get Notice of Hearing?
Full Question:
Answer:
A child not named in a will does not need to be specifically named, although it is recommended to do so. An executor is not required to give notice of the reading of the will to a person without an interest in inheriting under the will.
A pretermitted heir is the child of a person who has written a will in which the child is not mentioned and not left anything. After the death of the parent, a pretermitted heir has the right to demand the share he/she would have received as an heir under the laws of distribution and descent. The law aims to protect these “left-out” children by giving them a forced share of the estate under certain circumstances. This right is based on the presumption that the parent either inadvertently forgot the child or incorrectly believed the child was dead, and did not mean to leave him/her out.
A person wishing to disinherit a child or omit him/her from his/her will, should specifically state in the will: "I leave nothing to my son," with or without a reason. A will maker should plan for the possibility that a child may be born or adopted after will execution and expressly mention or provide for the child to prevent this statute from operating.
Please see the following KY statutes:
394.382. Share of pretermitted child.
(1) If a testator fails to provide in his will for any of his
children born or adopted after the execution of his will, the
omitted child receives a share in the estate equal in value to
that which he would have received if the testator had died
intestate unless:
(a) It appears from the will that the omission was
intentional;
(b) When the will was executed the testator had one or more
children and devised substantially all his estate to the other
parent of the omitted child; or
(c) The testator provided for the child by transfers outside
the will and the intent that the transfers be in lieu of a
testamentary provision is shown by statements of the testator
or from the amount of the transfers or other evidence.
(2) In satisfying a share provided for in this section, such
share shall be taken ratably from the interest of heirs,
devisees and legatees.
395.012. Right to file demand for notice of action regarding
estate.
(1) Any person having a financial or property interest in a
decedent's estate may file a demand for notice with the court
at any time after the death of the decedent, stating the name
of the decedent, the nature of the demandant's interest in the
estate, and his address or that of his attorney.
(2) If a personal representative has been appointed at the
time of filing of the demand, the court shall advise the
demandant of the appointment and transmit a copy of each order
entered, regarding the estate to the demandant.
(3) After the filing of a demand, no order or filing to which
the demand relates shall be entered until the person seeking
such order certifies as provided in the Rules of Civil
Procedure that the demandant or his attorney has been given
written notice. The requirement for notice arising from a
demand under this provision may be waived in writing by the
demandant and in any event shall cease upon the termination of
his interest in the estate.