What happens if a child is born after a Will has been made?

UPDATED: Jan 26, 2014

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What happens if a child is born after a Will has been made?

My dad’s Will is 39 years old. He had divorced my mom, remarried and had another child. This child was obviously not born prior to the execution of the Will. Is this child entitled to anything?

Asked on January 26, 2014 under Estate Planning, Maryland


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

If the will is still valid, it will be enforced.  If the will says everything goes to you by name, then it will still all go to you.  If the will says everything goes to my natural born children who survive me, then you will have to share with the new child.  If it says everything goes to my wife Mary and Mary is no longer his wife, then arguably she would not be entitled to anything.

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