What is the status of pretermitted heirs regarding their inheritance?

Pretermitted heirs are individuals who, although they are entitled to inherit from an estate, are not mentioned in a will or trust document. The status of pretermitted heirs in terms of their inheritance is that they may be entitled to a share of the estate unless it can be shown that their omission was intentional by the decedent.

This principle is rooted in the belief that the decedent might have overlooked the pretermitted heir or intended to benefit them, and therefore, the law provides a remedy to ensure that the heir receives a fair share of the estate. In many jurisdictions, including Georgia, if a will does not explicitly address a child born or adopted after the will's creation, the law protects their right to inherit, affirming that such omissions were not intended.

This understanding helps to avoid disputes and ensures that all heirs are given fair consideration, especially in cases where the omission from a will could be a result of oversight rather than a conscious decision. The recognition that a pretermitted heir may still inherit unless a clear intention to exclude them is documented is crucial for ensuring the decedent's wishes are faithfully fulfilled while also protecting the rights of heirs.