2025 Session
Last amended: 1994 session
§ 524.2-108 — After-born Heirs
Plain-Language Summary
A child who was conceived before but born after someone's death can still inherit as an heir in Minnesota, as long as the child lives at least 120 hours (five days) after birth. The unborn child is treated as having been alive at the time of the deceased person's death.
524.2-108 AFTER-BORN HEIRS.
An individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth.
History:
1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8
History: History: 1985 c 250 s 8; 1986 c 444; 1994 c 472 s 8
Practical Notes
When this applies: When a person dies while their spouse or partner is pregnant, and the question is whether the unborn child can inherit. Who this affects: Children conceived before but born after the death of a parent or other relative. Key points: The child must be born alive and survive for at least 120 hours (five days) to qualify as an heir. This section protects the inheritance rights of children born after a parent’s death.