Estate laws generally assume that when a person passes away, all of his or her children have either been born or will be within in nine months, in cases where a widow was pregnant at the time of her husband’s passing.

On the other hand, posthumous conception can occur several years after a person passes away. This will present challenges for estates that have been settled and for courts that will have to determine whether the posthumous children should receive a share of an already settled estate.

Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
Post A Comment