Legal Question in Wills and Trusts in California
Child born out of wedlock has been overlooked in a Will containing a large estat
The child and child's mother are not aware of their rights. Mother is originally from Korea, and is a niece to the deceased man (through marriage). Deceased man's wife died of cancer the year before his death. He has been extremely depressed since her death. The deceased wife has an older daughter (40 years old) from a previously marriage, she did not live with her mother since the divorce, it is the Korean custom for the children to live with their father in the case of a divorce. The older daughter return to her mother after 20 years. The child in question, approximately 12 years old has not been acknowledged publicly. There was no mention of her in her biological father's will. The estate is of a vast monitary amount. The deceased father apparently shot himself in the bathroom of his home. He visited his wife's gravesite 2 to 3 times a day. When the police and paramedics were called to the home (found by his nephew)and look around, they said the deceased man's home was a ''shrine to his wife''. the family feels that due to his grief and guilt, he left most of the estate to his step-daughter. The step-daughter apparently does not care much for the deceased man's family.
3 Answers from Attorneys
Re: Child born out of wedlock has been overlooked in a Will containing a large e
I have handled several similar cases with success and am a Certified Specialist in Estate Planning, Probate and Trust Law. California does have provisions for children born out of wed lock. If you have any questions, please do not hesitate to email me.
Mina Sirkin, Esq.
Re: Child born out of wedlock has been overlooked in a Will containing a large e
California law provides for heirs not mentioned in a will--the will/trust would have to be reviewed to see what the daughter's rights to the estate are--if she has been forgotten or not mentioned, she likely has rights to the inheritance. If she is specifically disinherited, she likely will not be able to take a share. She should see an attorney as soon as possible to make a claim, as probate/trust deadlines can close quickly.
Re: Child born out of wedlock has been overlooked in a Will containing a large e
An omitted child should be entitled to an intestate share of the estate, if she is not specifically omitted by the will.
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