If my Husband Died Before Our Child was Born, Does Our Child Inherit From my Husband’s Florida Estate?

When does the right to inherit vest? Florida probate litigators know that the right to inherit begins at the time of conception. What if the child was not born before his or her parents passed away? It doesn’t matter! The child still inherits. You may want to read Florida Statute 732.106.

Florida Statute 732.106: “Afterborn heirs.—Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime.”

The statute mentions “intestate property”. What is intestate property? What does it mean if a person dies intestate? Dying in West Palm Beach without a will or estate plan is dying intestate. Who inherits? Heirs of the decedent inherit. A child who is conceived before the death of the decedent is an heir or beneficiary of he decedent’s intestate estate.