Protecting Your Wealth One Piece At A Time

What if a child is born after a parent has already made a will?

On Behalf of | Feb 16, 2023 | Uncategorized |

Many Nevada residents use a will to ensure their loved ones are taken care of and their property goes where they want it to go.

Of course, life goes on after an estate plan is created. It is inevitable that changes will occur and it is important to know how these might affect a will.

One situation that can be confusing involves a child who is born after the will was made and was therefore not mentioned in the document.

A child born after a will is written does have certain rights

According to Nevada law, a child who was born after a will was made still has rights to part of the estate. The case will be viewed just as it would be if the testator had died without a will and the intestate laws will take precedence.

However, there are exceptions to this rule. In some instances, the parent might not have wanted to put the child in the will. This must be apparent from the will’s construction.

The parent might have transferred property to the child independent of the will. This too must have been done intentionally for it to be considered legal instead of naming the child in the document.

Unusual situations should be considered during estate planning

Having a child after creating an estate plan is common, but that does not mean it will not impact the document.

It is critical to understand the law in these matters and to have assistance. Contacting professionals who know all the options with estate planning can help with forging a comprehensive plan to achieve the desired outcome.