If a child is born after a parent’s death the inheritance that they would be entitled to receive will often depend on the circumstances and the laws of the State that they are in. There has been a relatively recent phenomena of children being conceived artificially after a parent’s death. These children that are conceived artificially using modern reproductive technologies are referred to as “PC children.” This article discusses the Capato decision and the implications that it had on inheritance rights and survivor benefits under Social Security for PC children. The laws are different in each state so the inheritance rights for PC children are often not clear and can create difficult situations. It is very important for people making an estate plan to define descendants in their transfer documents and to clarify the status of any PC children that they might have. The 2012 Supreme Court Decision Astrue v. Capato can be read here.
See David Shayne, Benefits Due a Child Conceived After a Parent’s Death Are Uncertain, Holland & Knight, November 19, 2015.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.
