Generally, there are, again, two kinds of omitted children. Okay, an elder can certainly write out a child saying I don’t want to leave an asset to my child and if the changes aren’t a product of undue influence or fraud and the elder had capacity, the elder has the right to change their estate plan to write out a loved one including their child.

There are other situations where an individual, again, is born after the estate plan is drafted or in situations where the child is alive but the decedent believed that the child was deceased at the time that they made the changes to their estate plan or created the estate plan. Then the child can bring an omitted child claim in order to obtain their share.