Child (Probate): Legal Definitions and Implications Explained

Q: Can a stepchild inherit from a stepparent?

Generally, stepchildren do not have inheritance rights unless specifically included in a will or trust.

Q: What happens if a child is named in a will?

If a child is named in a will, they are entitled to inherit as specified in the document, provided they meet the legal definition.

Definition & Meaning

A child, in the context of probate law, refers to an individual who has not yet reached the age of legal majority, typically defined as under eighteen years old. According to the Uniform Probate Code, a child includes anyone who is entitled to inherit from a parent through intestate succession, except for stepchildren, foster children, grandchildren, or more distant descendants. Additionally, under certain circumstances, individuals adjudicated as unruly children may still be considered children until they turn twenty-one.

Table of content

Legal Use & context

This term is primarily used in probate law, which deals with the distribution of a deceased person's estate. Understanding the definition of a child is crucial in cases of inheritance and guardianship. Legal documents related to child inheritance, such as wills and trusts, often require precise definitions to ensure that the intended beneficiaries are clearly identified. Users can manage some of these processes themselves using legal templates from US Legal Forms, designed by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A parent passes away without a will, leaving behind a biological child aged fifteen. This child is entitled to inherit under intestate succession laws.

Example 2: A young adult, previously adjudicated as an unruly child, is still considered a child in legal terms until they turn twenty-one, affecting their guardianship status. (hypothetical example)

Relevant laws & statutes

Key statutes include:

Uniform Probate Code - Section 1-201, which defines a child in the context of probate law.
Ohio Revised Code Ann. 2151.011, which provides the definition of a child and details regarding juvenile court jurisdiction.

State-by-state differences

State	Definition of Child
Ohio	Under eighteen, with specific provisions for juvenile adjudication.
California	Under eighteen, similar exclusions as the Uniform Probate Code.

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

Comparison with related terms

Term	Definition
Minor	Generally refers to anyone under the age of eighteen, similar to a child.
Dependent	A broader term that can include children but also refers to adults who rely on another for financial support.

Common misunderstandings

What to do if this term applies to you

If you are dealing with a probate matter involving a child, consider the following steps:

Determine the legal status of the child in relation to the deceased.
Gather necessary documentation, such as birth certificates or court records.
Explore US Legal Forms for templates that can help you draft wills or other related documents.
If the situation is complex, seek advice from a legal professional to ensure compliance with local laws.

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Quick facts

Attribute	Details
Typical Age Limit	Under eighteen years old
Legal Exclusions	Stepchildren, foster children, grandchildren, and more distant descendants
Adjudication Impact	May extend the definition of child until age twenty-one for unruly children

Key takeaways

Frequently asked questions

What is the legal age of majority?

The legal age of majority is typically eighteen years old, at which point individuals are considered adults.