Except in limited circumstances, children generally do not have a right to inherit anything (real property or personal property) from their parents. Laws do vary from state to state and in some states, for example, the head of a household may be prohibited from leaving the family homestead to anyone other than a surviving spouse or minor child if such person is alive.

And most states have laws that protect children (and sometimes grandchildren) against accidental inheritance in certain limited circumstances. These laws usually apply when a child is born after a parent’s will is executed, and because the will leaves property to the child’s siblings, it appears that the parent did not intend to disinherit the new child. In this circumstance the child who was not mentioned in the will may be eligible to inherit a portion of the estate like the child’s siblings. Such an omitted child is also known as a pretermitted child or a pretermitted heir.

In states with pretermitted child laws, the laws are usually located in the state’s statutes—often in the estates code or probate code.

In Florida, the law does recognize the rights of pretermitted children, or children who were unintentionally omitted from a parent's will. Under Florida Statutes, specifically in the probate code, a child born or adopted after the execution of a will, who is not provided for in the will and who is not provided for by any other method, is entitled to a share of the estate as if the decedent died intestate (without a will). This means that the pretermitted child would receive the same share of the estate that they would have received if there was no will at all, which is typically a portion equal to that which their siblings would receive. However, if it can be shown that the omission was intentional or the child was provided for outside of the will (e.g., through a trust), the child may not have the right to an inheritance. Additionally, Florida law does protect the rights of a surviving spouse and minor children regarding the family homestead, limiting the ability of the head of a household to disinherit them from the homestead property.