West Palm Beach Inheritance Rights: Does a Child Who Was Not Born Before His or Her Parent Passed Away Inherit From the Deceased Parent?

When does the right to inherit vest? West Palm Beach trust and estates lawyers 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. If you are carrying the unborn child of the decedent, you should definitely 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 the decedent’s intestate estate.