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Fetuses are not mentioned in the probate codes. The answer to your question is no. That terminology is wrong when speaking about legal rights of inheritance. Probate codes do not mention fetuses and therefore they have no rights of inheritance. All fetuses do not come to full term and a right to inherit would only be realized after birth. After birth, there is no longer a "fetus" but a living child.

Children who are born after the death of a parent are referred to in probate law as after-born children and they are indeed entitled to a share in their parent's estate. Most often, they receive an intestate share since they are not usually mentioned in a will. A child born after the death of an intestate parent has a right of inheritance.

Although you may designate someone not yet born as a beneficiary, that person must be subsequently born living in order to receive an inheritance. For example, a mother could leave a gift in her will for any issue of her only daughter. If her daughter had two children and was pregnant when her mother died but suffered a miscarriage, her two daughters would inherit but there would be no gift passed to her unborn child since the pregnancy did not go to full term with a living birth. The fetus had no rights, no estate nor heirs.

If that child was born living and died after receiving the inheritance, the child's next-of-kin would inherit its estate. The "right" to inherit comes only after birth.

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13y ago

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