One of my employees was wondering today about the rights of an unborn child. I'm not going to tell you which employee asked me but I will tell you that one of my employees is 8 months pregnant.
Let's say that new Dad owns separate property. He is eagerly anticipating the birth of his first child when he slips on some Boudreaux's Butt Paste at Babies "R" Us and dies of a head injury. Who gets the separate property?
The answer? As long as the unborn child conceived at the death of the decedent is thereafter born alive, then the child inherits all of his father's separate property.
I've always advocated that parents of minor children have an estate plan in place, but I now also recommend that all parents of unborn children have their estate plan in place. It does not make sense for an infant to inherit outright and have the inheritance overseen by a judge until the child turns 18. Parents of unborn children should make sure that their children's future inheritance is placed in trust and managed by a competent trustee until the child is mature enough to manage it on their own.
There are some many different things to think about when planning your estate. It's best to consult an professional in your state. I prepared myself to talk to an attorney by reading a book called Die$mart. The DieSmart family stories gave me insight into how the law applies in real life and what trauma I can cause my children by not planning ahead. It was real eye opener! http://www.diesmart.com/
Posted by: Betty | July 31, 2009 at 12:00 AM
I did not know that, nice to know that unborn child can have some rights. Great information.TY
Posted by: generic viagra | March 09, 2010 at 01:31 PM
this is animmigrTION ISSUE...MY FIRST CHILD WAS BORN JUNE 1988 AND APPROVAL OF MY MY PEITION FOR IMMIGRATION TO U.S. WAS ONLY JANUARY 1989...IS SHE SHE QUILIFIED ON DERIVITATIVE CATEGORY...can she availedof the this law as laws on children are often discussed on murder and paricide cases only...thanks
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