A growing issue that is currently being hashed out in courtrooms and legislatures across the country concerns the legal rights of posthumously conceived children. If a child is born after the death of a mother or father what sort of legal rights to inheritance or Social Security survivor benefits are they entitled to? In 2012 The Supreme Court held in Astrue v. Capato that courts must look to State law to determine if a posthumously conceived child could inherit under intestacy laws. This column discusses the recent legislation in New York that was signed by Gov. Cuomo which attempts to clarify the inheritance rights of posthumously conceived children. The rapid development of modern reproductive technologies is going to make it more important for states to update and modernize their laws dealing with the legal status of posthumously conceived children when it concerns inheritance rights.
See Inheritance Rights Of Posthumously Conceived Children, Wealth Management, December 5, 2015.
Special thanks to Jim Hillhouse for bringing this article to my attention.
