Category Archives: Family Law

What Happens When A Parent Dies Before Their Child Is Born?

What happens if a child is conceived, and then a parent dies? Can the child legally inherit from the deceased parent?

In Florida, a child posthumously born to a deceased parent may be able inherit from that parent, depending on when that child was conceived.  While this is a tragic topic, children still need to be provided for after the loss of a parent and the law does recognize that need.  There has been a gap between science and the law, but in recent years the Florida legislature as well as the Supreme Court has made an effort to address the particular nuances of government benefits and inheritance of this particular class of children. Continue reading