Legal Question in Wills and Trusts in California
My fathers a will dated 1985. States that in the event of his childs death that childs share goes to his lawfull issue. does this mean that a child born out of wedlock is not lawfull issue and is not intitled to a share of the estate.? Ok my question needed more info. The couple never married the child was never giving his father last name. Father never had contact with mother or child at mothers request. is child entitled to grandfather estate.
3 Answers from Attorneys
The concept of bastardy no longer exists in California law, so if you can prove the kid is his offspring, it's his "lawful" offspring.
"Lawful" in that context means legally established paternity, whether by legal presumption if the parents were married and cohabitating at the time of conception, by declaration of paternity duly signed and filed by both parents, by paternity judgment, or by adoption. So in this case the question is whether paternity was ever legally established, and if not, whether it can be done now before the probate is closed.
I agree with the previous responses.
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