Legal Question in Wills and Trusts in California

Fathers will was written before I was born

My father died in November 1998. My half brothers have produced a will that was written 2 years prior to my birth, so obviously I'm not listed as a beneficiary.

My sister informed me that she was notified probate has been started, and that my name was not listed as one of the heirs. I telephoned the attorney who is handling probate for my brothers and it was apparent noone had ever mentioned my existence to him. He said he was not sure what if any my entitlement would be since the will predated my birth. What are my rights and am I going to have to fight in order to secure them My dad had alzheimers for years before his death which is why the will was not updated to include me, not because he meant to leave me out.

Thanks for any help you can give me.


Asked on 2/09/99, 2:14 am

1 Answer from Attorneys
Leslie Beckhart Law Offices of Leslie Kent Beckhart

Re: Fathers will was written before I was born

I think you should find a probate lawyer to make sure that your interests are represented. He or she will have to read the will to see what it says about omitted children, but might well find that you have a claim to the estate under California Probate Code Section 21620, which addresses children born after a will is executed.

You can also file a request for special notice in the probate. You can use the form at courtinfo.ca.gov; I think the number is DE-154.

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Answered on 4/30/99, 10:50 pm


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