An adult child adopted after the execution of a will naming her as the beneficiary of a specific bequest is not a pretermitted child. Ozuna v. Wells Fargo Bank (Tx. Ct. App., 4th Dist., No. 04-02-00627-CV, Aug. 27, 2003).
On May 26, 2000, Jack Putnam executed a will that made a number of specific bequests, the largest of which was to Alma Ozuna. At the time, Ms. Ozuna and Mr. Putnam were not related. However, on October 31, 2000, Mr. Putnam adopted Ms. Ozuna in an adult adoption proceeding. Putnam did not revoke or change his will before he died on June 14, 2001. Ms. Ozuna contested the will as Mr. Putnam's pretermitted child and heir. The trial court ruled that Ms. Ozuna was not Mr. Putnam's pretermitted child and denied Ozuna's motion.
Ms. Ozuna appealed, arguing that she is Mr. Putnam's pretermitted child under the Texas probate code because she was adopted after the execution of Mr. Putnam's will. While the probate code states that a pretermitted child may succeed to a portion of the testator's estate only if the child is not mentioned in the will, Ms. Ozuna argued that Mr. Putnam's will does not provide for her as a child.
Finding no case law supporting Ms. Ozuna's argument, the Texas Court of Appeals affirms, holding that Ms. Ozuna is not a pretermitted child entitled to succeed to a portion of Mr. Putnam's estate.
For the full text of this decision, go to: https://caselaw.findlaw.com/tx-court-of-appeals/1273231.html
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