Legal Question in Wills and Trusts in California

My father has a living trust. He is a widow. Included as heirs in the trust are two legitimate girls. Rumor has it, he has 3 illegitimate children. He does not want to leave them anything. Are they entitled to any of his trust?

Also, when you change real property over to the trust, are there any tax assessment implications along with that?


Asked on 10/19/09, 2:42 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

No child is illegitimate. They might have been born out of wedlock, though. Your father might amend the trust and will to specifically exclude whomever he does not want to take when he passes away.

If it's the trustor's residence that's included as a trust asset, it's revocable, and the trustor is also the initial trustee, then there usually is no tax consequence upon transfer. Your father should speak with a tax advisor to make sure all such transfers will not harm him.

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Answered on 10/19/09, 4:53 pm


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