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 South Carolina, children do not have an automatic right to inherit from their parents, except under certain circumstances. South Carolina law, like many states, includes provisions to protect children who may have been unintentionally omitted from a will. These provisions are designed to address situations where a child is born or adopted after the execution of a parent's will and is not mentioned in the will, potentially because the parent did not have the opportunity to update the document. Under South Carolina's probate code, such a child may be considered a 'pretermitted heir.' As a pretermitted heir, the child may be entitled to a share of the estate equivalent to what they would have received if the parent had died intestate (without a will), assuming the will did not demonstrate an intention to disinherit the child. This is to ensure that the child is not accidentally disinherited due to the timing of their birth or adoption relative to the will's creation. However, if the will explicitly states an intention to leave nothing to the child, or if the parent made other provisions for the child outside of the will, the child may not be entitled to an inheritance. It's important to consult with an attorney to understand the specific application of these laws to any given situation.