Legal Rights for Children in Estate Planning

Rights Of After-Born And Omitted Children

Sometimes, a parent dies leaving a will that was executed before the child was born, or the child was not even mentioned in the will. Does that "after-born" or "omitted" adolescent receive anything? An after-born child refers to a kid born after a will is drafted.

An omitted offspring is referred to as any living child, (or the descendants of any deceased child), who has not been provided for in the will. Another example of omitted offspring are one who has not been named in the will, even though they were alive when the will was written.

Usually these children will receive something, the amount can vary from a small portion to a substantially large portion of the estate.

Protect Your Family from the Courts

Estate Planning: Legal Rights for Children

Exceptions to the Rule

In most states, an after-born adolescent is entitled to receive a share that he would have received if the parent had died without a will. However, there are a few exceptions:

1-the omission was intentional

2-the will left most of the estate to the surviving parent

3-the descendants had made some other provisions for the juvenile.

Blended Family Legalities

Adopted versus Natural Juveniles

Many states estate laws treat adopted kids in the same manner as natural children, so that an adopted juvenile can inherit from his adoptive parents, as well as from their blood relatives. Similarly, the adoptive parents, and their blood relatives, can inherit from their adopted son or daughter.

Most states do not allow the biological parents of a kid adopted by another parent to have any rights to inherit via intestate succession from their natural children. Adopted children usually have no rights of succession to any property interests from their biological parents.


Rights of Illegitimate Children

Most states allow illegitimate children the same inheritance rights which are given to non-illegitimate an adolescent. They can inherit from their parents, and their parents can inherit from them.

Questions to Know about Estate Planning

Rights for Kids Born after Will Creation

Can You Disinherit a Child?

In many states, a descendants cannot disinherit a juvenile unless there is a stated written intention to do so.

Many states have what is called "pretermitted heir statutes", which provides protection to offspring who has been born after the will was drafted. "Pretermitted" refers to being "left out", or "omitted".

The pretermitted heir statutes are based on the premise that the descendants did not intend to disinherit his or her child, and that probably due to an oversight, did not revise his will to include any after-born or omitted kids.

Only when there is a stated indication that the will maker intended to disinherit his offspring, can this provision take effect. Usually there would be language that would leave a minimal amount, of perhaps $1,000, or a statement containing specific language.

For example, John decides, for whatever reason, to disinherit his son Jim. His will would in effect state, For reasons known to him, I disinherit my son, or I leave nothing to my son, Jim.

Louisiana is the only state where a juvenile cannot be intentionally disinherited. This state has what is known as a "forced heirship statute" which requires that a specified percentage of the descendant's estate be transferred to his or her children.