Union County Petition for Pretermitted Child’s Share Lawyer — What Are Your Child’s Rights?
A child omitted from a parent’s will in Union County may have a legal right to a share of the estate under New Jersey’s pretermitted child statute, N.J.S.A. 3B:5-15. Filing a petition for a pretermitted child’s share is a time-sensitive legal action in the Superior Court, Union Vicinage. Law Offices Of SRIS, P.C.
New Jersey Law on Pretermitted Children
New Jersey law provides protection for children who are unintentionally or accidentally left out of a parent’s will. The relevant statute, N.J.S.A. 3B:5-15, is known as the pretermitted child statute. It presumes that a parent’s failure to provide for a child in their will was an oversight, unless evidence clearly shows the omission was intentional. This law applies in Union County probate proceedings handled by the Superior Court, Chancery Division, Probate Part. The firm’s founder, Mr. Sris, has decades of experience handling estate litigation matters, including those involving omitted heirs.
Last verified: April 2026 | Superior Court of NJ, Union Vicinage | New Jersey Legislature
Official Legal Resources
For the exact statutory language, review N.J.S.A. 3B:5-15 (official New Jersey Legislature site). The probate court process is managed by the Superior Court, Union Vicinage.
Procedure for a Petition for Pretermitted Child’s Share in Union County
In Union County, a petition for a pretermitted child’s share is filed in the Superior Court, Chancery Division, Probate Part, located in Elizabeth. The court requires specific documentation to prove the petitioner is a child of the decedent and was omitted from the will. The process involves formal notice to all other beneficiaries and the executor. An experienced petition for pretermitted child’s share lawyer near me Union County can handle the evidentiary requirements and court deadlines.
- Gather proof of parent-child relationship (birth certificate, adoption decree).
- Obtain a certified copy of the decedent’s will and death certificate.
- File a formal petition with the Union County Surrogate’s Court/Probate Part.
- Serve notice on the estate’s executor and all named beneficiaries.
- Participate in court hearings to present evidence of the omission.
- If successful, the court will order a distribution of the intestate share.
Potential Outcomes and Legal Standards
In Union County, a successful petition for a pretermitted child’s share typically entitles the child to the share they would have received if the parent had died without a will (intestate).
| Scenario | Legal Standard | Potential Share | Key Consideration |
|---|---|---|---|
| Child omitted from will | Presumption of unintentional omission | Intestate share | Burden is on estate to prove intent to omit. |
| Will mentions child but gives nothing | Possible intentional omission | Likely nothing | Specific language can rebut the presumption. |
| Child born after will made | Strong presumption of omission | Intestate share | Very difficult for estate to overcome. |
| Time limit for filing | Within 9 months of death (for formal probate) | Claim barred if late | Statutes of limitation are strictly enforced. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Petition for Pretermitted Child’s Share
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to family and estate matters. We understand the emotional and financial stakes involved when a child is left out of an inheritance. Our approach is direct and focused on securing your child’s rightful share under New Jersey law. Mr. Sris, our founding attorney, provides strategic oversight on all trust and estate litigation matters.
Our Commitment to Union County Clients
Our firm is committed to providing accessible legal support. We offer affordable petition for pretermitted child’s share lawyer Union County services with clear fee structures. For clients handling this sensitive area of law, we provide 24/7 phone consultations to address urgent questions about deadlines and procedures.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-3900
By appointment only.
Our New Jersey location serves clients at Union County courts. We represent families in Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, and Springfield. Contact our petition for pretermitted child’s share lawyer near me Union County for a consultation.
Frequently Asked Questions: Petition for Pretermitted Child’s Share
What is a pretermitted child in New Jersey?
Yes. A pretermitted child is a child of a deceased person who is not mentioned or provided for in that parent’s will. New Jersey law (N.J.S.A. 3B:5-15) presumes this omission was unintentional, allowing the child to claim a share of the estate as if the parent died without a will.
How long do I have to file a petition in Union County?
It depends. For a formal probate proceeding, a claim against the estate, including a pretermitted child’s share petition, must generally be filed within 9 months after the decedent’s death. However, specific deadlines can vary based on how the estate is administered. Consult an attorney as early as possible to avoid missing critical deadlines.
Can an adult child file for a pretermitted share?
Yes. The New Jersey statute applies to any child of the decedent, regardless of their age. An adult child who was omitted from the will has the same right to petition the court for their intestate share as a minor child would.
What if the will says “I intentionally omit my child”?
If the will contains clear and unambiguous language stating the intent to omit a specific child, the presumption of unintentional omission is rebutted. In such cases, a petition for a pretermitted child’s share would likely not succeed. The specific wording is important.
What share does a pretermitted child receive?
A successful petitioner receives the share they would have been entitled to under New Jersey’s intestacy laws. This share depends on the decedent’s surviving heirs (e.g., a surviving spouse, other children). An attorney can calculate the specific intestate share based on your family situation.
Related Legal Services in Union County
If you are dealing with estate matters, you may also need guidance on: Business Law in Union County or Contract Law in Union County. For other family legal needs, see our New Jersey Civil Litigation hub page.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Your case in Union County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Union County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Union County NJ lawyers directory · Petition for Pretermitted Childs Share Lawyer Bergen County · Petition for Pretermitted Childs Share Lawyer Hudson County · Petition for Pretermitted Childs Share Lawyer Monmouth.