Do children conceived post-mortem inherit from their parents? Explain.

What will be an ideal response?


This is not clear. The law is a moving target and I suspect it will have to be decided at the highest levels at some juncture. In some states, benefits to these children have been conferred while in others, they have not. As was stated in the Massachusetts case of Woodward v. Comm. of Soc. Sec., “[T]hese limited circumstances exist where, as a threshold matter, the surviving parent or the child’s other legal representative demonstrates a genetic relationship between the child and the decedent. The survivor or representative must then establish both that the decedent affirmatively consented to posthumous conception and to the support of any resulting child. Even where such circumstances exist, time limitations may preclude commencing a claim for succession rights on behalf of a posthumously conceived child.”

Legal Studies & Paralegal

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