Matthew Gardner an Estate Planning Lawyer who writes the Iowa Estate Plan Blog has an article on a child conceived after death and how his state and Social Security treats this child as not being an heir of the decedent. The Iowa Probate Code and many states specify that in order to qualify as an “heir” under Iowa law, you must have been conceived prior to the death of the biological parent. You can see with recent medical advancements, this with become more of an issue as time goes on.
If you have a potential for future heirs after your death, you may consider the jurisdiction of your trust or estate to avoid or permit additional children to share in your estate.
Update:
Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill out the form, and one will be sent to you within 24 hours by email.