Leslie signed her Will five years ago when she had one child. Last year, she had twins. Does her old Will still work—or does it need to be updated? In this episode, Jill answers Leslie’s question and dives into the legal concept of “pretermitted children.” Jill looks at how different states handle this issue and unpacks what happened in the high-profile estates of Heath Ledger and Anna Nicole Smith when their Wills didn’t account for new children.

What You’ll Learn in This Episode

When a Will may still work with more children. Some Wills are drafted with language that automatically includes “any child born or adopted after the date of this Will.” If that’s the case, you may not need to update your documents every time your family grows.

What “pretermitted children” are and why it matters. Most states have laws that protect children born after a Will is signed so they aren’t unintentionally disinherited. These laws can dramatically change how an estate is divided.

How Tennessee law handles afterborn children. In Tennessee, a pretermitted child can claim a share of the estate as though the parent had died intestate, without a Will, potentially reducing what other beneficaries receive.

How the same Will can have totally different outcomes in different states. Using Leslie’s example, her twins could inherit a share under Tennessee law, but in New York they might get nothing. State law really does matter.

Celebrity cautionary tales

Heath Ledger: His Will predated the birth of his daughter. New York law could have entitled her to everything, but his family voluntarily gave her the estate.
Anna Nicole Smith: Her Will disinherited future children, but because her only named beneficiary had died, her infant daughter inherited everything through the laws of intestate succession

The DNA twist. A 2023 Oklahoma case shows how modern DNA testing can lead to surprise inheritance claims from unknown (or unacknowledged) children.

When you should update your Will
Even if your Will includes future children, you’ll need an update if:

A child has special needs that require specific planning.
Your circumstances or state laws have changed.
You’re not sure your existing documents reflect your intentions.

Resources & Links

Do You Need a Will? Video – Jill explains probate vs. non-probate assets.
Estate Plan Audit – A focused one-hour Zoom session to review your documents and flag gaps or outdated terms.
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Website: DeathReadiness.com
Email: jill@deathreadiness.com
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This podcast provides estate planning guidance for women and discusses real, practical issues, from caregiving, pre-planning a funeral, how to avoid probate using beneficiary designations, planning for individuals with special needs (and special needs trusts), whether you need a professional fiduciary (trustee or executor), how the estate tax works and how to preserve your legacy.

Tuesday Triage episodes answer questions from listeners like you, from powers of attorney, healthcare advance directives (and whether they work when you’re pregnant), what a Last Will and Testament really is, whether you need a trust, how Medicaid works and how to have senior and elder care conversations and how to care for aging parents.

Disclaimer: This podcast and all related content are for educational purposes only and do not constitute legal advice. No attorney-client relationship is established here. Use of this information without careful analysis and review by your attorney, CPA, and/or financial advisor may cause serious adverse consequences. For legal guidance tailored to your unique situation, consult with a licensed attorney in your state.

Why Your Old Will Might Leave Out Your New Baby

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