Under the Uniform Probate Code, pretermitted children do not receive a share if the will devises all of the estate to the other parent of all surviving children and that parent survives. This statement is:

• A. This is true.
• B. This is false.
• C. It depends on the state.
• D. Only if the other parent is deceased.

Answer: (B)

Under the Uniform Probate Code, a child born after the will is executed is protected from being unintentionally disinherited. A pretermitted child is generally entitled to a share of the decedent’s estate equal to what the child would have received if the decedent had died intestate, unless the omission was intentional or the will shows a deliberate intent to exclude the child. The fact that the will leaves everything to the other surviving parent does not automatically deny the pretermitted child a share; the estate must provide for that child, and the surviving parent's bequest under the will may be reduced to make room for the omitted child’s share. This protection exists to prevent accidental disinheritance of a child born after the will.