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Florida Inheritance and Probate Disputes — can someone born after you die inherit?

Uncategorized Oct 7, 2013

Can someone you’ve never met before inherit?  Can a child you never planned for and who is born after you die become a trust beneficiary?  In Florida, probate litigators are used to dealing with second and third spouses, children from a prior relationship, sibling rivalry, and disgruntled heirs.  Now, Florida probate attorneys and estate administrators are dealing with the collision of the law and science. Florida probate attorneys are evaluating recent cases from the US Supreme Court, and states like Massachusetts, where the legal issues of after-born children can create or limit inheritance rights.  Consider:  what if you die, but prior to your death, your spouse saved some of your DNA and then –AFTER your death– uses your DNA to create a child by invitro or other means?   Is that child born after you die one of your “heirs”?   Does that child who was born after your death inherit from your trust like  your other children and heirs?  Florida probate attorneys want to know if that child, born after your death, is a beneficiary of a family trust.   Advocate hard. Litigate smart.