How is inheritance affected by a child born after I die?

Our office remains open at this time. Consultations are available via telephone. In-person consultations are available on a case-by-case basis. The safety of our clients and employees is of the utmost importance.

How is inheritance affected by a child born after I die?

On Behalf of | Jun 26, 2019 | estate administration & probate

There have been cases when a deceased person has become a parent after his death. This has been either because the person’s sperm was harvested and used after his death or because a woman was already pregnant. It happens all the time, so estate law has allowances for such a case. You should be aware of what could happen to your estate if you have a child born after your death.

According to the Illinois General Assembly, if you have a child of yours born after you die, that child is equally entitled to your estate as any other child you had before death. This is always true if the woman was already pregnant when you died. Unless you have otherwise specified in your estate documents, an unborn child is just like any other children you have and has the same rights under your estate.

If the pregnancy occurs after you die, there are some conditions. The child must be biologically yours, and you must have consented to allow the woman to conceive after your death. A written notice of your consent and details of the situation must be given to the estate administrator within six months after your death. Finally, the birth of the child must occur within 36 months after your death. It is very important that you understand that if the child is not conceived before your death, then you need to specifically allow for him or her to be included as an heir in your estate plan.

This information is for education and is not legal advice.

FindLaw Network
Share This