Understanding the After-Born Child: Legal Rights and Estate Implications

Q: Do I need to update my will if I have an after-born child?

Yes, it is advisable to update your will to ensure all children are included in your estate planning.

Q: Can an after-born child inherit if the will favors the surviving parent?

Yes, an after-born child can still inherit unless the will explicitly states otherwise.

Definition & Meaning

An after-born child refers to a child who is born after a parent has executed a will or after a class gift has closed. The presence of an after-born child can significantly impact the distribution of assets in a will or trust. While the will does not become invalid due to the birth of this child, its terms may be adjusted to ensure the after-born child receives a fair share of the parent's estate, similar to what they would have received if the parent had died without a will.

Table of content

Legal Use & context

This term is primarily used in the context of estate planning and probate law. It affects how assets are distributed among beneficiaries when a parent passes away. Understanding the implications of having an after-born child is crucial for individuals creating wills or trusts, as it ensures that all children are considered in the estate distribution process. Users can manage their estate planning needs using legal templates available through US Legal Forms, which are drafted by qualified attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A father creates a will leaving his estate to his two children. After the will is executed, he has another child. Upon his death, the after-born child is entitled to a share of the estate, which may require the existing beneficiaries to adjust their shares.

Example 2: A mother establishes a trust for her children. If she has another child after the trust is established, that child may also be entitled to benefits from the trust, depending on the trust's terms (hypothetical example).

State-by-state differences

State	After-Born Child Provisions
California	After-born children are entitled to a share of the estate unless explicitly excluded.
Texas	Similar provisions apply, but specific exclusions must be clearly stated in the will.
New York	After-born children typically receive a share unless the will indicates otherwise.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition
Pretermitted Child	A child who is not mentioned in a will but is entitled to a share of the estate.
Class Gift	A gift made to a group of people, typically defined by a common characteristic, such as "children."

Common misunderstandings

What to do if this term applies to you

If you have an after-born child, it is important to review your will or trust to ensure that all children are adequately provided for. Consider updating your estate planning documents to reflect your current family situation. Users can explore ready-to-use legal form templates from US Legal Forms to assist with these updates. If your situation is complex, seeking advice from a legal professional may be beneficial.

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Quick facts

Definition: A child born after the execution of a will.
Legal Areas: Estate planning, probate law.
Implications: May require adjustments to existing wills or trusts.
State Variations: Provisions differ by state.

Key takeaways

Frequently asked questions

What happens to a will if an after-born child is not mentioned?

The will remains valid, but the after-born child may still be entitled to a share of the estate unless there are specific exclusions.