A Posthumous Child Clause is a provision included in a will or trust that specifically addresses the inheritance rights of children conceived but not yet born at the time of the testator’s death. This clause ensures that if the testator has a child after their death, that child will still be entitled to inherit from the estate, just as if they had been born during the testator’s lifetime.
The inclusion of a Posthumous Child Clause is particularly important for individuals who may have a high probability of having children posthumously due to circumstances such as assisted reproductive technologies or ongoing pregnancies at the time of death.
For example, if a person creates a will leaving their estate to their existing children but later conceives another child through in vitro fertilization, a Posthumous Child Clause would ensure that this new child is recognized as a beneficiary of the estate, preventing any disputes regarding their rights to inheritance.
In Texas, the legal system generally recognizes the rights of posthumously born children to inherit, but the presence of a Posthumous Child Clause in a will or trust clarifies the testator’s intent and can help avoid potential legal challenges or ambiguities regarding the inheritance distribution.
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