In a scenario where a testator dies after a divorce, leaving the entire probate estate to a girlfriend and omitting his minor children, what share do the minor children typically receive under most jurisdictions?

• A. None: G will take the entire probate estate
• B. A fixed portion
• C. The children must share equally
• D. The estate passes to the state

Answer: (A)

When a valid will exists, it controls how the probate estate is distributed. Divorce changes who would be entitled to a spouse’s share, but it does not create a right for the children to inherit unless the will provides for them or there is some statutory protection. If the testator leaves the entire estate to a girlfriend in a valid will and there is no omitted-child or similar protection statute at play, the heirs named in the will (the girlfriend) receive the estate, and the minor children receive nothing. They would only receive a share if there were no valid will (intestacy) or if a statute requires some portion be set aside for them.