What if I have more children after writing my will?
If you have more children after you have prepared a will then you need to review the will with an attorney and determine whether the will is silent on the issue or not. A lot of wills say, I give my assets to my children equally and that would include both prior children and children born after the will was prepared. Some wills don’t address that issue and therefore that child would take under the loss of intestacy and then it get a little confusing because if it’s one marriage with one set of children under the laws of intestacy it all goes to mom. If there’s two sets of children and one surviving spouse then half the assets are computed to go to mom and half the assets go to that child. So if there’s three children, a child will get 1/6. He could get 1/6 of the father’s estate and the rest of the assets would go by the terms of the trust. The main thing for that child to understand is that it’s only over probate assets. If the assets are all held jointly with the wife, there’s no probate, there’s no intestacy and the after born child could get nothing.