Legal Question in Wills and Trusts in California

legal changes in a birth certificate

I am concerned about my father's will that he has assured me I am included in. He is my biological father who does not appear on my birth certificate. I would like to know how I can legally go about adding him to my birth certificate to avoid problems with his other children (my half siblings) who will not have anything to do with me at this time. I was born in the state of California if that makes any difference and am currently in my late 30's. A big reason this would help me so much is that my father failed to ever take on the responsibility of any child support for my mother and me. Thank you so much.


Asked on 1/21/02, 9:34 am

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: legal changes in a birth certificate

I am not aware of any process to change your birth certificate, although there may be one. You have no right to be named as a beneficiary in your father's Will. He can leave his property to anyone he chooses and he can disinherit his children should he choose to do so. There are rules that would protect you if he does not do so properly.

That he didn't care for you when you were a child is irrelevant to your rights under his Will. Although this situation may involve issues of whether you might have a claim against his estate for non-support. Those questions you can investigate with a family law attorney.

If you are concerned that your rights are being violated, then you should seek the guidance of a qualified trusts and estates lawyer.

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Answered on 1/21/02, 11:42 am
Mona Montgomery Mona Montgomery, Attorney at law

Re: legal changes in a birth certificate

If you do not grow up soon you are going to lose your inheritance. Nobody cares if your father abused you, most of all, your father. You cannot go to your father and say, "Dad, you abused me, you owe it to me, do me a favor." It will not work. And you need a favor from your Dad right now. You need him to recognize you as his son. Approach him properly, as a good son asking his good father for his rightful status: the status of son. If you go to him whining he will disinherit you and might be right to do so. Clean up the question. Forget about the child abuse. (And tell everyone around you to forget it too.) Approach your father properly and he will certainly sign a declaration recognizing you as his biological son. That might lead into further assurances from him that you are included in his will, which is what you really want. Because you see, even if you are his biological son he can disown you. You do not want this. Learn tact. Approach carefully and WIN.

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Answered on 1/27/02, 11:37 pm


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