Jump to Navigation

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Locations

Law Offices of Nancy M. Rice
1236 Brace Road, Suite F
Cherry Hill, NJ 08034
Phone: 856-673-0048
Fax: 856-673-0052
Map and Directions

Linwood Office
Linwood Professional Plaza
2021 New Road, Unit #9
Linwood, NJ 08021
Phone: 609-398-3447
Fax: 856-673-0052
Map and Directions

2014| South Jersey's Most Influential Law Firms | SNJ BUSINESS PEOPLE| readers' choice
Subscribe to This Blog's Feed FindLaw Network

Should children conceived after death receive an inheritance?

Scientific advances in the area of conception have allowed numerous couples here in New Jersey and around the country to have a child when they could not conceive one naturally. Technology also allows men and women to freeze either their sperm or eggs for future implantation -- even after the death of one of the prospective parents. This raises the question as to whether a child conceived and born after death should receive an inheritance from his or her deceased parent.

This question has not received enough attention in the courts for there to be any conclusive answers. Only two states currently address the issue, and New Jersey is not one of them. In those states, a child must be conceived no later than 36 months after the death of one of the parents for that child to be eligible for some form of inheritance.

Outside of those laws enacted by California and Florida, a case in New York ruled that a child born after the death of a parent could inherit from the deceased parent's estate. Most other cases surrounding this issue have to deal with property rights of the frozen sperm or eggs. Those laws would not be applicable once a child is born.

New Jersey parents who wish to ensure that a posthumously born child is entitled to an inheritance may need to be proactive. Structuring an estate plan to account for this possibility would ensure the child is a beneficiary of the estate. Any couple who decides to freeze either the man's sperm or the woman's eggs may benefit from advice and assistance in making sure that any child will be properly cared for in the event one of the parties dies before the genetic material can be used.

Source: MarketWatch, "Your frozen sperm could inherit your estate", Matthew Heimer, May 30, 2014

No Comments

Leave a comment
Comment Information