A quasi-posthumous child is a person born during the lifetime of their grandfather or another male ancestor. This child is not considered an heir at the time the grandfather or male ancestor creates a will. However, if the father of the quasi-posthumous child dies while the child is still living, the child becomes an heir to the estate.
The term "quasi-posthumous child" is primarily used in civil law, particularly in matters of inheritance and estate planning. It plays a significant role in family law, as it determines the rights of children born under specific circumstances regarding their eligibility to inherit from their ancestors. Users may find it useful to access legal forms related to wills and estates through platforms like US Legal Forms, which provide templates drafted by qualified attorneys.
Here are a couple of examples of abatement:
Example 1: A grandfather creates a will stating his assets will go to his children. If his daughter gives birth to a child while he is still alive, that child is considered a quasi-posthumous child and will not inherit anything until their father passes away.
Example 2: If the grandfather dies after the birth of the child but before the father, the child will inherit as a quasi-posthumous child (hypothetical example).
Examples of state differences (not exhaustive):
| State | Notes |
|---|---|
| California | Recognizes quasi-posthumous children under specific inheritance laws. |
| Texas | Similar rules apply, but specific conditions may vary. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Posthumous Child | A child born after the death of a parent. | Quasi-posthumous children are born while the grandfather is alive. |
| Legitimate Child | A child born to married parents. | Quasi-posthumous status does not depend on the parents' marital status. |
If you believe you or someone you know may be classified as a quasi-posthumous child, consider the following steps:
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A quasi-posthumous child is one born during the lifetime of a male ancestor, who becomes an heir only after their father's death.