Legal Question in Family Law in Maryland

Estate Rights and unborn child

I was 7 months pregnant when my son's father died. Is he an heir to his father's estate? Eventhough he wasn't born at the time of death.


Asked on 9/25/06, 3:23 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Estate Rights and unborn child

You do not mention whether there is a Last Will and Testament. Assuming there is not a Will, a child born after the death of a parent shall inherit as though born during the life of the parent. Of course the paternity may be challenged.

If there was a Last Will and Testament this should be reviewed by an attorney as there MAY be a different result.

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Answered on 9/26/06, 7:17 pm
Robert Sher Wagshal and Sher

Re: Estate Rights and unborn child

Yes

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Answered on 9/26/06, 10:31 am


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