Legal Question in Family Law in California
Recently reviewed a marital trust that names the succeeding beneficiaries as the "natural children" of the trustees, who will inherit equally on the death of the surviving trustee. The trustees have two such children. However the woman also has two children from a previous relationship who were both given up for adoption but recently re-established contact. The trustees' intent was to settle the trust on the two children from the marriage but the trust was written in a hurry and may not have been reviewed properly. Under California law, would the children from the previous relationship qualify as "natural children" and thus entitled to an equal share of the trust should the woman become the surviving trustee and then die?
1 Answer from Attorneys
This question must be addressed by an experienced estate planning and probate litigation attorney.