What happens if a child is born after a Will has been made?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if a child is born after a Will has been made?

My dad’s Will is 39 years old. He had divorced my mom, remarried and had another child. This child was obviously not born prior to the execution of the Will. Is this child entitled to anything?

Asked on January 26, 2014 under Estate Planning, Maryland

Answers:

Anne Brady / Law Office of Anne Brady

Answered 10 years ago | Contributor

If the will is still valid, it will be enforced.  If the will says everything goes to you by name, then it will still all go to you.  If the will says everything goes to my natural born children who survive me, then you will have to share with the new child.  If it says everything goes to my wife Mary and Mary is no longer his wife, then arguably she would not be entitled to anything.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption