Under some pretermitted-child statutes, afterborn children not referenced in a will may be entitled to a share, except when

• A. They are true in all states.
• B. They are always pretermitted and receive a fixed share.
• C. They do not receive a share if the will leaves all to the other parent of all surviving children and that parent survives.
• D. They can never receive a share.

Answer: (C)

When a child is born after a will, many states have pretermitted-child rules that normally give the afterborn child a share to prevent disinheritance. But there is an important exception: if the will leaves everything to the surviving parent of all the testator’s surviving children and that parent survives, the afterborn child does not receive a share. This reflects the testator’s clear intent to favor the surviving parent in that specific scenario.

So the statement that fits the exception is that the afterborn child does not get a share when the will leaves all to the other parent of all surviving children and that parent survives.

The other options aren’t correct for this reason: pretermitted rights aren’t automatic in every state, and the child isn’t automatically entitled to a fixed share or barred from ever receiving anything in all circumstances.