A non-marital child born before execution of the will cannot be pretermitted

In its opinion in Lanier v. Rains, 229 S.W.3d 656 (Tenn. 2007), the court held that a non-martial child born before the alleged father’s will was executed cannot be a pretermitted child even if paternity is established after the decedent’s death.

The court also rejected the claimant’s constitutional arguments, holding that treating a non-marital child differently from an adopted child who for purposes of the pretermitted child statute is “born” on the date of adoption is not a violation of equal protection.