Legal Question in Wills and Trusts in California
My father is a widow and has a living trust. Included in the trust are his 2 legitimate children. We have heard he has illegitimate children which he denies. Part of the family says they are his. Would they be entitled to his estate?
1 Answer from Attorneys
It is legal to disinherit a child. There is no right to inherit from your parents. At the same time, where a will or trust omits a spouse or child, then the law treats this as a mistake and can order a portion of your father's assets be given to the omitted heir based upon the rules governing intestate succession. Based upon the brief information you have provided, it is safe to say that at a minimum these illegitimate children could make claims against your father's estate. If they do not make claims within certain time frames, then the claims will be barred. Your father should have his estate plan reviewed by an attorney if he is concerned. It is your father's Estate Plan, so there is nothing you can do to change it to preclude any future claims of heirship.
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