Legal Question in Wills and Trusts in California
When you have children out of wedlock, do you have to include them in your will if you do not want to leave them any inheritance whatsoever?
Asked on 10/23/09, 12:21 pm
2 Answers from Attorneys
Aaron Feldman
Feldman Law Group
Children have no right to inherit, whether legitimate or not. However, omitting a child from your will may give these children the right to claim against your Estate. If your intention is to disinherit, you need to identify them in your Will and/or Trust and specifically disinherit them. I strongly advise you to work with an attorney to make sure that your Estate plan will be effective in carrying out your wishes.
Answered on 10/28/09, 12:37 pm
Robert F. Cohen
Law Office of Robert F. Cohen
So that your intent is clear, it would be wise to specifically mention them by name and specifically leave them nothing.
Answered on 10/28/09, 12:55 pm