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Easton MA Estate Planning Attorney Brigitte von Weiss: MUPC § 2-302
What happens when a child is omitted from the parent's Will?
Website:  vonweisslaw.com
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, Massachusetts law provided that a child not included in the will (“omitted child”), or their descendant(s) in certain circumstances, may elect (by filing a timely claim) to take an intestate share (what he or she would have gotten if no will), regardless of whether the child was born before or after the execution of the will, unless (1) the omitted child (or their descendant(s) in certain circumstances) was "provided for by the testator during his life time" or (2) "it appears that the omission was intentional and not occasioned by accident or mistake[.]"  M.G.L. c. 191, § 20. 
The new law pertaining to an omitted child, §2-302 of the MUPC, applies only to a child born or adopted after execution of the testator’s will (a so-called “after-born” or “after-adopted” child). The omitted “after-born” or “after-adopted” child, in certain circumstances, will receive a portion of the probate estate unless "[i]t appears from the will that the omission was intentional" or "[t]he testator provided for the omitted after-born or after-adopted child by transfer outside the will ... more

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