Legal Question in Wills and Trusts in California
Grounds for contesting a will
I have just received knowledge of my biological father has died. My parents divorced when I was a baby. He never gave us any child support my mother remarried and he adopted me. I received papers from the court in the will it states that I receive nothing do I have any chance of contesting this will inspite of what it states? We all reside in California. In the paperwork it states that I can appear to the court on a specific day.
3 Answers from Attorneys
Re: Grounds for contesting a will
There is no excuse for his not paying the child support and that will be deducted out of the estate right off the bat.
As far as you being excluded, the question goes to the terms of the will itself. Does it specifically omit you or does it just not include you? Big difference!
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Scott
Re: Grounds for contesting a will
You appear to have two major problems. When your step-father adopted you he became your father for all purposes; you are no longer considered to be the child of your biological dad. If the Will states your name and says you get nothing, then you are not entitled to inherit anything. parents d not have t leave anything to their children, but they normally exclude then from anything by s stating in the Will that X is to receive nothing.
Your mother m however, might be entitled to get a judgment for child support from when he left you to when she remarries. There is no statute of limitations on a judgment I am not sure if it is only an Order]. She should file as a creditor of the estate.
I doubt it was the court that sent to you the information. I was either the administrator of the estate or the estate's attorney. Go down to the Court house and make a copy of the Will and any relevant documents
Re: Grounds for contesting a will
If you were adopted by your mother's husband, that means you are no longer the child of your biological father and therefore would have no interest in his estate not provide by your biological father in a testamentary document like a will or living trust.