Legal Question in Wills and Trusts in California
My Mother was married at the time of my birth to a man not my biological Father; I carry (as California required in the 1950's) the surname of her husband at the time of my birth, not my genetic Father.(To put it bluntly, I am the product of an affair between two parties married to other people.) No secret of this was ever made to me about this, and my biological Father did keep in touch over the years.
He (my bio-Father) passed away earlier this year in California, and I was not acknowledged in his will. (No surprise there)
Is there any point in my coming forth now and asking to be officially recognized as one of his heirs? His wife is still living, (and the admin of his Family Trust), and a daughter. I expect hey would not be pleased to have me "come out of the woodwork"
Is DNA testing my only recourse?...your thoughts, please. What expenses can I anticipate if I elect to pursue any inheritance?
Thank you.
1 Answer from Attorneys
If his Will states he is leaving assets to his children and does not state the names of his children, then you might have a claim. If the Will lists the names of his heirs, then yo would have to show that he did not realize you were an heir. The fact that you are listed as the child of your mother's husband complicates matters.
I think you need to get copies of both the Trust and Will, find out if the assets have already been distributed, and then speak to several probate attorney who also handle litigation [many of them will only do probate court appearance but not trial work] to find out whether you have a case and how much it would cost to prove it.
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