Legal Question in Wills and Trusts in California

My mother is in her last years.She has left her estate to myself and my brother via living trust to split 50/50.

We just found out, after all these years that she had a daughter.She/Mom legally adopted her out at infancy.She has had her adopted parents name and has since the adoption.

Mom wants the living trust to remain the same,giving 100% of her estate to myself and my brother.

Does the adopted daughter have any legal right to the estate?

Thank You so Much !!


Asked on 5/21/10, 1:37 pm

2 Answers from Attorneys

Ken Koenen, LLM Law Office of Ken Koenen

Usually, no, especially when there have been name changes, etc. She should mention the daughter in the trust, and specifically state that she is to receive nothing.

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Answered on 5/25/10, 11:25 am
Anthony Roach Law Office of Anthony A. Roach

Adoption under California law creates a parent-child relationship between the child and his or her adoptive parents. (Prob. Code, sect. 6450 subd. (b).) This law applies to adoptions in California. You do not say where the adoption took place. If it took place in another state, the law may be different.

If your mother prepared a trust, she does not have to specifically mention her, to not provide for her. If your mother does not have a pour over will, or a gift under a will fails, or "lapses" you may have intestacy problems. For intestate succession purposes, adoption also severs the parent-child relationship between teh adopted child and a natural parent, unless the natural parent and child lived together at any time as parent or child or the natural parent was married to or cohabiting with the other natural parent at the time the person was conceived and died before the person's birth AND the person was adopted by a spouse of the natural parent or after the death of either of the natural parents. (Prob. Code, sect. 6451 subd. (a).)

As you can see from my answer, estate planning is rather complicated. I suggest that you and your mother seek a competent attorney well versed in estate planning, and I would be wary of advice you get from the internet, and any internet "forms."

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Answered on 5/26/10, 3:17 pm


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