It seems obvious, but a will only lists those children to whom property is being given in the will. A testator (the person signing the will) may have had other children to whom property had already been given. These children may not be named in the will. Sometimes they are named if only to state that they have already received their inheritance and are not intentionally being left out.
Do not assume every child is named in the will.
Do not assume there have to be other children either.
2 Responses
Timely advice, as I am struggling with this situation now. The eldest son, william, sold his father’s land when he died, his mother protested and gave her rights to her other son, abraham. When the mother died, there is no mention of william.
There is a good chance this is the William I am looking for, but cannot prove. I had theorized he had moved away, but could have died. Cannot prove his death, so hoping mamma was PO’d, he moved away, and Abraham got it all.
No mention of brother William in Abraham”s deed’s or probate, either.
It is important to check deed books. I’ve learned the names of the other children, including the names of sons-in-law, through the land transactions when an estate was settled.