In 2015, Illinois passed the Illinois Parentage Act, which has made a substantial change to previous probate law when considering posthumous children. The new terms of the provision state that a posthumous child is not to be considered the child of a decedent where inheritance is concerned unless the child was in utero at the time of death.
While this is the fundamental law, alternative plans may be made in wills. Creating a will or a trust can be quite complicated, especially if the individual writing the will has a significant amount of property. If you or someone you know is looking into creating a will, it is important to consider working with a Wilmette estate planning lawyer. They can ensure all your descendants are cared for upon your death.
The new law makes it such that a child who is born through in vitro fertilization (IVF) is not able to inherit under the act if implantation happened after the decedent’s death unless the testator provided instructions otherwise in their will. Even if the person who created the will does not specify what is to be done, they will know that any unborn children would be provided for.
Posthumous children will automatically obtain the same share of an estate that they would have provided they were born while the decedent was alive, so long as they were in utero at the time of the death. However, this means if a decedent’s egg or sperm is used in IVF after the decedent has passed away, the child will not qualify as their child under inheritance law.
As we mentioned earlier, this is the default law, but anyone drawing up a will can draft alternative provisions that will apply upon their death to any children who have not yet been born.
Estate planning is a challenging and complicated process, even more so when the person creating the will is ensuring they provide for children who may not have yet been born. This is something important to consider to be sure all of your children are provided for, no matter when they are born.
For those who would like to speak with a Wilmette estate planning lawyer, Orlowsky & Wilson LTD can provide assistance. You can reach them at 847-686-2445 or learn more about their services on their company website. A member of the legal team would be happy to schedule a consultation with an estate planning attorney.