Legal Question in Wills and Trusts in California
Illegitimate child rights's on estate
My uncled died of cancel about 5 years ago. His will stated that my aunt is the sole beneficiary of his estate (house, cars, pension funds, etc...) My uncle and aunt had no children. My aunt changed the name of the ownernership of the house and cars to her name.
A month ago, a Vietnamese woman who claimed to be my uncle's child called my aunt. She was born in the same period that my uncle was stationed in Vietnam. She may turn out to be my uncle's old child. Does she have any legal claim to my uncle's estate? My aunt has been worrying sick. The woman is very persistent and has been calling every day. First she just wants to have some family contact. Now she gave my aunt a hint that she wants some financial assistance!
2 Answers from Attorneys
Re: Illegitimate child rights's on estate
All community property would belong to your aunt, as well as any joint tenancy property they held together, and property with beneficiary designations in favor of your aunt. She may have a claim on separate property of your uncle's, if she can prove she was a child of his. Your aunt should probably see an attorney to determine the property succession and to get some reassurance.
Re: Illegitimate child rights's on estate
First of all, your aunt should not give this woman anything until she has consulted with an attorney. Second, this woman has the burden of proving, by such methods as a DNA test, that she is indeed your uncle's child. Assuming that she can get by all of this, she may then have a claim on your uncle's estate, but it would depend on how the property was held. This scenario sounds like a terrific opportunity for fraud. Again, your aunt should consult with an attorney before taking any steps. Please feel free to contact our office if your aunt would like to review the matter further.
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