Legal Question in Wills and Trusts in California
Hi.
My father was involved in my life til we had a falling out and lost touch Wheh I was 18. 20 years have gone by and recently found him. Also came many answers to many questions I had the reason for the falling out he and I had. I found out my maiden name was not his actual last name but instead i was given his DBA fictitious name. Turns out my father has been married for 60 yrs. Has 2 other children and 2 grandchildren. When I found him I called him and he refused to admit who he was constantly repeating himself that I had the wrong number, wrong person,etc. Yet he would respond as I called him "dad".
My question is what are the steps to take for the process of including myself in his will? Growing up my father talked about ensuring that he was going to leave me something in his will. Considering all of what I've uncovered thus far, I have no reason to doubt this being true. So I want to begin the process of including myself to something I may have a right to. My father just turned 80 so im inquiring on the most expediated route to go if any such thing.
Thank you in advance
2 Answers from Attorneys
You have no right to an inheritance. If your father elects to leave you something, he can. He is not required to do so.
Your father has the right to leave his estate or trust to anyone he wants. He can disinherit you. If he does, it's possible for you to challenge the validity of the will or trust he signs or has previously signed, but it's a lousy case at best - you've been estranged from him for twenty years. Regardless of the reason, and there doesn't have to be one, most parents would disinherit an estranged child.
You're best bet is to try to create a better relationship with your father so that at some point he recognizes you as his daughter and cuts you in for a share. However, he's still probably going to leave it all to his wife first.
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