Pretermitted Heir
A child or descendant who is born or adopted after a will is signed and is not mentioned in the will. Most states have laws that give pretermitted heirs a share of the estate as if the parent had died without a will.
Legal Definition
A child or descendant of a testator who was born or adopted after the execution of the testator's will and who is neither provided for nor intentionally omitted from the will, entitled by statute to receive an intestate share of the estate.
Practical Example
Dad signed his will in 2015 naming his two children. In 2018, he had a third child but never updated his will. The third child is a pretermitted heir and would receive an intestate share of Dad's estate under most state laws.