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 Maryland, children do not have an automatic right to inherit from their parents, except under certain circumstances. Maryland law does include provisions to protect children who may have been unintentionally omitted from a will. Specifically, Maryland's Estates and Trusts Code addresses the issue of pretermitted children, also known as pretermitted heirs. According to Maryland law, if a child is born or adopted after the execution of a parent's will and the will does not provide for any children of the testator, or it appears that the omission of the child was accidental because the will made a provision for existing children, the omitted child may have a right to a share of the estate. This share is typically equivalent to what the child would have received if the parent had died intestate (without a will). However, if the will explicitly states an intention to disinherit the child, or if the parent made other provisions for the child outside of the will, the pretermitted child statute may not apply. It's important for individuals to consult with an attorney to understand the specific application of these laws to their situation.