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 Vermont, as in many states, children do not have an automatic right to inherit from their parents unless the parent dies without a will (intestate). If a parent dies with a valid will, they can generally distribute their property as they see fit, which may or may not include provisions for their children. However, Vermont law does include protections for pretermitted children, or children who are unintentionally omitted from a will. Under Vermont's probate code, if a child is born or adopted after the execution of a will and the will does not provide for that child, the child may still be entitled to a share of the estate. This share is typically equivalent to what the child would have received if the parent had died without a will, ensuring that the child is not accidentally disinherited. These protections are designed to reflect what the parent's intentions might have been had they known about the child at the time the will was made. It's important to note that these laws are subject to specific conditions and limitations, and the outcome can vary depending on the unique circumstances of each case.