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Simple English definitions for legal terms

pretermitted defense

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A quick definition of pretermitted defense:

A pretermitted defense is a legal argument used in court to challenge a claim made against a will. It is often used when an heir or beneficiary is left out of a will, and the pretermitted heir statute may apply. This law allows an omitted heir, such as a child or spouse, to inherit a share of the estate as if the testator had died without a will. However, this only applies if the omission was unintentional, such as in the case of an afterborn child.

A more thorough explanation:

A pretermitted defense is a type of defense used in legal cases involving wills and estates. It refers to a defense that is based on the fact that the testator (the person who made the will) did not include a certain person or entity in their will, either intentionally or unintentionally.

A pretermitted heir is a person who would have been entitled to inherit from the testator's estate if they had been included in the will, but who was not included for some reason. This can happen if the testator forgot to update their will after a major life event, such as the birth of a child.

A pretermitted-heir statute is a state law that provides protection for pretermitted heirs. Under this law, an omitted child or spouse can receive the same share of the estate as if the testator had died intestate (without a will), unless the omission was intentional. This means that if a child or spouse was left out of the will by mistake, they can still inherit from the estate.

For example, let's say that John creates a will that leaves his entire estate to his wife, Jane. However, John forgets to update his will after the birth of their child, Sarah. When John dies, Sarah would be considered a pretermitted heir because she was not included in the will. If the state where John lived has a pretermitted-heir statute, Sarah would be entitled to a share of John's estate, even though she was not mentioned in the will.

pretermitted child | pretermitted spouse

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
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I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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