According to Louisiana law, a successor, or someone who inherits property, must exist at the time the decedent dies. In most cases, this law is easy to follow. However, what happens when a child is born after a parent dies? Inheritance for unborn children

Children Conceived Before a Parent’s Death

There are situations where a child is conceived before a parent’s death but born after a parent dies. In these tragic situations, the living parent is often left wondering whether the child has any inheritance rights under Louisiana law.

Louisiana law is clear in this type of situation. According to Article 940 of the Louisiana Civil Code, a child who is conceived before a parent’s death and born after a parent’s death is considered to have existed at the time the parent died and, thus, has the same inheritance rights that the child would have had if the child had been born before the parent died.

Children Conceived After a Parent’s Death

In limited circumstances, a child who is conceived after a parent’s death may also inherit property. In many situations, a child who is born to a predeceased parent may inherit property if:

  • The parent who died left written authorization for his surviving spouse to use his gametes
  • The child is born to the surviving spouse within three years of the father’s death.

Protect Your Child’s Inheritance

As a new parent, you have a lot of new responsibilities. We know that you want to protect your child physically, emotionally, and financially, and that it is often overwhelming to do all of these things at once. Our Louisiana succession lawyers might be able to help you if your baby’s parent died before your baby was born. Call us, or fill out our online contact form today to learn about your child’s legal options.