2007-07-23 02:47:31 · 6 answers · asked by HAHA 1 in Politics & Government ➔ Law & Ethics
not only can you name an unborn child, you can also provided for a child that is not yet even conceived. it is done all the time. people cannot be expected to re-write their will every time they have a new kid. you just leave everything to "all children, present and future, to share and share alike".
after you get older and figure out which of your offspring are worthless, and which have earned so much money they do not need any of yours, then you can start being more specific about who gets what and what percentages.
2007-07-23 03:01:12 · answer #1 · answered by don't plagiarize 7 · 0⤊ 0⤋
Typically parents name the child at birth. I guess a pregnant women could say that if she dies at the child lives, I want the child named XXXXX.
If you are asking can you leave property to person yet unborn, yes. I leave my property to be divided equally among my grandchildren, or I leave my wedding ring to my daughters first born daughter, even if your daughter is not pregnant.
However, leaving gifts to the unborn is tricky because some gifts violate an old rule called RAP. For example I leave XXX to my first grandson to graduate college, would be void in many states.
If you want to do something funky with will, get a lawyer.
2007-07-23 10:00:53 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Actually, the correct SPECIFIC answer to your question is no. Since there is no 'name' legally established, the child cannot be 'named' in the will.
You CAN however, designated '...all future issue...' as taking under the will which will automatically include any child born after the will is made.
most states have similiar statutes as this one from Mississippi:
MC § 91-5-5. Children born after making of the will. If a testator or testatrix, having a child or children born at the time of making and publishing his or her last will and testament, shall, at his or her death, leave a child or children born after the making and publishing such last will and testament, the child or children so after-born, if unprovided for by settlement and neither provided for nor disinherited, but only pretermitted, by the last will and testament, shall succeed to the same portion of the father's or mother's estate as such child or children would have been entitled to if the father or mother had died intestate, towards raising which portion the devisees and legatees shall contribute proportionately out of the parts devised and bequeathed to them by the same will and testament, in the same manner as is provided in the case of posthumous children.
2007-07-23 10:02:54 · answer #3 · answered by hexeliebe 6 · 0⤊ 1⤋
Yes, the unborn child are known as heirs of your body.
2007-07-23 11:00:03 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes, you can name anyone you want on your will.
In fact, some crazy woman willed her money to her cat.
You just need to name someone to look over the money until the child is 18.
Plus, what are the chances of you dying in the next 9 months? By the time you die, the child will probably be born, anyway.
2007-07-23 09:52:31 · answer #5 · answered by Anonymous · 1⤊ 1⤋
Yes -- as long as the individual can be defined by reference.
So, a will can give property to a specific person not yet born, or to all children born from a given individual (past, pending, and potential future).
2007-07-23 15:17:18 · answer #6 · answered by coragryph 7 · 1⤊ 0⤋