Legal Question in Wills and Trusts in California
Prooving Paternity
My husbands fater died 2 years ago. 9 months after that his step mother filed for probate. There was no will. Now that everything is about ready to wrap up, two illegitimate daughters (maybe, it hasnt been proved) are trying to file a claim saying they are intitled to part of the probate. I thought there was a 90 day time limite to file something like this.
1 Answer from Attorneys
Re: Prooving Paternity
In California, if there is no Will then the living spouse inherits everything. So those two women do not have any claim. But in making her own Will, the step mother should take into account that there might be other children and if she does not want them to get anything will them $1, explain why they get nothing more, and put in a provision that anyone who challenges the Will gets nothing. There is a time limit to file a claim, but did the step mother give the legally required notice? How did these two women find out about his death; was he in contact with them. A DNA test could be done to see if they ar his children.
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