Dated Policies, Changing Times: Intestacy Laws
In 2002, Karen Capato filed for Social Security survivors benefits for her twins, who were conceived via IVF and born 18 months after their father, Capato’s husband, died. Her claim was denied because the twins were born in Florida, where the law denies a posthumously conceived child any claims against a decedent’s estate unless the decedent has made provisions for that child in his or her will. This law rendered the Capato twins ineligible for Social Security survivors benefits. The case then went before a district court, the U.S. Court of Appeals for the Third Circuit, the U.S. Supreme Court,… Learn More
