You’ve probably never thought about it, but what if your next legal heir hasn’t even been born yet?

What if they’re in a freezer?

Sound far-fetched? It’s not. It’s happening right now — and it’s changing the way we think about estate planning. In a recent case that’s making waves in legal circles, a child born from a frozen embryo years after the biological father passed away is now being considered a legitimate heir — with full inheritance rights.

Let me say that again: A child conceived after death could be legally entitled to a share of the estate. We are officially in uncharted territory.

Welcome to the New Frontier of Family Law

For most of human history, “heirs” were a simple concept: biological or adopted children born before a parent died.

But today? Science is rewriting the rules:

  • Couples are freezing embryos for future use
  • Individuals are storing sperm or eggs for posthumous conception
  • Surrogates are carrying children for families who may not be alive when the child is born

And here’s the legal twist: these children may not be mentioned — or even imagined — in your Will or Trust. Which means your assets might end up somewhere you never intended.

Here’s What Happened in the Real Case

A man passed away. Years later, using frozen embryos, his wife gave birth to a child. There was no language in his Will or Trust covering children born after his death.

So the court had to decide: Is this posthumous child a legal heir? Are they entitled to a portion of the estate? After a lengthy battle, the answer was yes. That one ruling opened a door that can’t be closed.

And it raised massive questions:

  • What happens if the original heirs don’t agree?
  • What if the estate has already been distributed?
  • What if the birth happens decades after the parent’s death?

It’s not just theoretical anymore. It’s happening.

Why This Matters to You (Even If You’re Not Using IVF)

You might think, “That’s interesting, but it doesn’t apply to me.”

But here’s why it actually does:

  1. The law is evolving faster than your documents.
    Most Wills and Trusts were written years ago. If they don’t account for modern family dynamics — second marriages, stepchildren, surrogacy, or posthumous birth — they’re outdated. That’s a problem.
  2. Courts don’t assume. They follow the letter of the law.
    If your documents aren’t clear about who’s in — and who’s out — the court will decide for you. That means your hard-earned savings, house, and family heirlooms could go to someone you didn’t even know existed when you were alive.
  3. What used to be rare is now routine.
    Assisted reproduction, embryo storage, and surrogacy are becoming normal. That means more posthumous children… and more estate disputes.

Estate Planning in the 2020s Requires a Whole New Playbook

At Bascom Law, we don’t just draft documents — we think ahead. We ask the hard questions most attorneys miss:

  • What happens if a child is born after you’re gone?
  • Have you clearly defined “descendants” and “issue” in your Trust?
  • Are your documents updated to reflect modern definitions of family?

Whether you’re a young couple using IVF, a grandparent helping with fertility costs, or someone who just wants to protect what they’ve built — your plan needs to reflect today’s world, not yesterday’s rules.

Don’t Let a Court Decide Who “Counts” as Family

One of the most powerful things you can do is clearly define your intentions — in legally binding terms. That’s what I help families do every day.

Because the law isn’t keeping up with technology. And if your planning doesn’t adapt, you’re leaving the door wide open to confusion, court battles, and unintended heirs.

A Simple Conversation Can Prevent a Lifetime of Conflict

If it’s been more than a few years since you reviewed your plan — or if you’ve never created one — this is your sign.

Call my office today. Let’s talk through what’s changed in your life, your family, and the world — and make sure your estate plan still does what you want it to do.

In today’s world, “family” means more than ever. Let’s make sure your plan reflects that.

Sincerely and Thanks,

Mike

Mike Bascom
Bascom Law, PC
770-285-5493