Legal Question in Wills and Trusts in California
What is the law in CA. regarding inheritance on real estate?
In 1997 my husband (before we met :) ) had to go thru a paternity test. It was found that he was not the father, and the case was dismissed. We recently found out that his name was put on the childs birth cert. (Talk about a hassle, WE have to go to court to get his name off. sheesh!) In the mean time I am wondering if something happens to my husband,(before his name is removed) how will that effect our real estate and insurance? My name is on the deed for the house, will I have to sell it if the mom of the aforementioned child takes me to court? Will she be able to lay claim on his life insurance? I am really worried, as it can take 6 mn. to get his name removed. A lot can happen in that time. PLEASE give advice!
2 Answers from Attorneys
Re: What is the law in CA. regarding inheritance on real estate?
The issue would be brought up in probate court, and you could prove that he was not the child's father and so the child has no claim to the property.
For better protection, because Californians are entitled to leave their property to anyone they desire, he should prepare his will and/or trust and specifically name the person(s) to which he wishes to leave his property.
Re: What is the law in CA. regarding inheritance on real estate?
1. Make sure the house is held as "Joint Tenants" or "Community Property with Right of Survivorship". Upon death of either party, the other person becomes the owner.
2. Have a will, or better yet, a trust drafted.
Since it has been proven that he is not the father, neither the mother or the child can stake a claim to any of his property.
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