Surviving minors have the right to claim a portion of the deceased parent's property. This may include land, a house, business or other personal properties. The amount of property a child can inherit may be outlined in a valid will. In the absence of a valid will or any will, a state's inheritance laws will specify how property is inherited and shared among the children and surviving spouse.
Survivors benefits include pensions and Social Security benefits payable to minor unmarried children of the deceased. The amount of benefits received by the child depends on the earnings of the parent and how much he or she contributed to Social Security. Generally, a surviving child is entitled to 75 percent of the parent's Social Security benefit amount contributed before death. A child of a parent who had a disability and was receiving benefits also is eligible to continue receiving these benefits.
Homestead allowance is an exemption from liability given to all or a share of the home where the deceased lived. This is intended to protect the inheritors of the home from creditors who may want to sell the home to recover debt owed by the deceased. A minor has a right to claim for homestead allowance with the guidance of a guardian or relative. The amount of allowance varies from state to state and does not come automatically. It must be claimed by the inheritors.
All children have the right to be considered equally when proportioning assets and benefits. Adopted and illegitimate children also have the same right to claim a share of property as natural children. Younger children have an equal entitlement as older siblings. If a child is not included in a will, he or she may still enjoy some of the same rights as others included in the will by the deceased parent.