Alabama § 43-8-91 - Pretermitted Children.
Full text of Alabama Code of Alabama § 43-8-91 — Pretermitted Children., with citation guidance and answers to common questions.
§ 43-8-91. Pretermitted Children.
(a) If a testator fails to provide in his or her will for any of his or her children born or adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:
(1) It appears from the will that the omission was intentional;
(2) When the will was executed the testator had one or more children and devised substantially all his or her estate to the other parent of the omitted child; or
(3) The testator provided for the child by transfer outside the will and the intent that the transfer be in lieu of a testamentary provision be reasonably proven.
(b) If at the time of execution of the will the testator fails to provide in his or her will for a living child solely because he or she believes the child to be dead, the child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate.
(c) In satisfying a share provided by this section, the devisees made by the will abate as provided in Section 43-8-76.
Frequently Asked Questions About Alabama § 43-8-91
What does Code of Alabama § 43-8-91 cover?
Section 43-8-91 ("Pretermitted Children.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 43-8-91?
A common citation format is "Code of Alabama § 43-8-91" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 43-8-91 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.