Understanding Inheritance Rights of Children: A Brief Primer

In the journey of life, there comes a time when we must think about what we leave behind for our loved ones, especially our children. While many people simply assume that there is a legal obligation for parents to leave their wealth to their offspring, the reality is more nuanced. The inheritance rights of children vary from state to state, but there are common threads that run throughout the legal tapestry of the United States. In this article, we’ll take a closer look at some relevant estate planning and inheritance laws. 

Do Children Automatically Have a Legal Right to Inherit?

Except for specific circumstances, children do not have an inherent right to inherit property, whether real or personal, from their parents. If someone dies without a will, state law generally attempts to divide assets based on precedents for what the average person would want. This will usually favor children, a surviving spouse, or next of kin, depending on the circumstances. 

When a parent specifies whether or not they want their children to inherit, they can generally choose to leave their estate to whomever they wish. There are, however, some exceptions to this rule. 

For instance, in some states, the family homestead's disposition has stipulations as well. The head of a household might be restricted from bequeathing the family home to anyone other than a surviving spouse or a minor child, provided such individuals are alive. 

Homestead Inheritance Law

To better understand the impact of homestead disposition stipulations, let’s examine a real-world example. The case Aronson v. Aronson (2012) highlights the significant impact of Florida's homestead protections on inheritance rights. 

In this case, Hillard Aronson’s revocable trust included a condominium, which he intended to be distributed to his wife, Doreen, as a life estate, with the remainder going to his two sons. However, due to Florida's homestead protections, the court ruled that the condominium could not be disposed of through the trust, because the law stated that homestead property cannot be devised if the owner is survived by a spouse or minor child. 

Protection Against Accidental Disinheritance

The legal system recognizes that life can be unpredictable, and sometimes children might be inadvertently left out of a will. Some people choose estate [planning options like a QTIP trust to provide their surviving spouse with an income while still guaranteeing that their children have an estate to inherit.

Most states also have provisions to protect such children, often referred to as pretermitted children or heirs. These laws typically come into play in situations where:

• A child is born after the execution of a parent's will.

• The will in question bequeaths property to the child's siblings, suggesting that the parent didn't intend to exclude the new child.

In such scenarios, the child who was unintentionally omitted might be eligible to inherit a portion of the estate, comparable to what their siblings receive. The specifics of what a pretermitted child can inherit and under what conditions vary from state to state.

For those interested in the legal minutiae, these provisions can often be found within the state's statutes, usually in the estates or probate code section.

Navigating Inheritance Law

Inheritance laws are intricate, and a one-size-fits-all approach seldom works. As families grow and dynamics shift, it becomes essential to periodically review and possibly revise estate plans. Additionally, as state laws can differ widely, understanding your state's laws is crucial.

This is where the value of a knowledgeable attorney becomes apparent. An expert in estate planning, wills, trusts, and probate law can provide guidance tailored to your unique situation. They can help ensure that your final wishes are honored and that your loved ones are protected from potential legal complications.

Know Your Rights with LegalFix

While children might not have an inherent right to inheritance, provisions exist to ensure fairness and protect against oversight. Estate planning is a testament to your life's work and your love for your family. Thus, investing in affordable and reliable legal counsel is not just a financial decision but an emotional one, safeguarding your legacy and providing peace of mind for the future.

Whether you want to know more about inheritance rights or just want a better understanding of how our legal system works, LegalFix is your go-to source for free legal information. You can find helpful articles and state-specific explanations of nearly 1,600 legal topics—and browse the state and federal statutes to better understand the laws that affect you. Just visit LegalFix.com to find all this content—and check back often for more valuable legal products and services coming soon.