Except in limited circumstances, children generally do not have a right to inherit anything (real property or personal property) from their parents. Laws do vary from state to state and in some states, for example, the head of a household may be prohibited from leaving the family homestead to anyone other than a surviving spouse or minor child if such person is alive.

And most states have laws that protect children (and sometimes grandchildren) against accidental inheritance in certain limited circumstances. These laws usually apply when a child is born after a parent’s will is executed, and because the will leaves property to the child’s siblings, it appears that the parent did not intend to disinherit the new child. In this circumstance the child who was not mentioned in the will may be eligible to inherit a portion of the estate like the child’s siblings. Such an omitted child is also known as a pretermitted child or a pretermitted heir.

In states with pretermitted child laws, the laws are usually located in the state’s statutes—often in the estates code or probate code.

In Nebraska, children do not have an automatic right to inherit from their parents, except under certain circumstances. Nebraska law, similar to other states, includes provisions to protect children who may have been unintentionally omitted from a will. Specifically, Nebraska's pretermitted heir statute (Nebraska Revised Statute 30-2302) provides that if a child is born or adopted after the execution of a will and the will does not provide for that child, nor show an intention to disinherit them, the omitted child may still receive a share of the estate. This share is typically equivalent to what they would have received had the decedent died intestate (without a will). However, if it can be demonstrated that the omission was intentional or the child was provided for outside of the will, the statute may not apply. Additionally, Nebraska law does not allow the head of a household to disinherit a surviving spouse or minor children by leaving the family homestead to someone else, ensuring that these family members have a protected interest in the property.