Legal Question in Wills and Trusts in California

My father recently died in California where I was born. I no longer live there and was adopted by my mother's spouse later in life after living with my father in a father-son relationship for the first eight years of my life and so the way I read California Probate Code 6451 I qualify under both of the UNLESS clause requirements, because we did share a natural parent to child relationship AND I was adopted by my stepfather AFTER he had married my mother.

Even if you disagree with my view on this, let's say for an instant that hypothetically I DO retain my inheritance rights under 6451. My next and primary question is this: My natural father died testate and in his will he left everything to my half-brother sister, children he had subsequently in life with another woman. I've reviewed articles on California's Disinheritance Clauses but from what I gather from them the disinheritance of someone MUST be express, not implied. So yes, my natural father was (I hope still) aware of the fact that I existed, but he did not explicitly include or exclude me from his inheritance in his will. So basically:

Am I entitled to a share of his estate or did the will disinherit me despite not explicitly mentioning me?

I understand it's a unique situation because of the adoption, but it seems to me that as long as I overcame the severance of inheritance rights under 6451 then I should be treated like any other child when it comes to a disinheritance clause.

Thank you!

1 Answer from Attorneys

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?