Legal Question in Wills and Trusts in California

How should I provide for any illegitimate but unknown children of mine in my will?


Asked on 5/24/11, 3:01 pm

4 Answers from Attorneys

Don't know.

Is there a chance that you might have unknown children?

How would you want to provide for such children if one or more exists? Would you want your child to receive financial benefits since they did not receive the benefits of your parenting them while you were alive?

This is a very personal decision to make.

Caleb

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Answered on 5/24/11, 3:05 pm
Anthony Roach Law Office of Anthony A. Roach

Wow, you sure get around.

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Answered on 5/24/11, 4:35 pm
Eliz. C. A. Johnson Eliz. C. A. Johnson

It is a logistical nightmare as well as a moral one. You could leave a share to any children you may have but how do you define that? If they are 'unknown' there would have to be a proof offered of paternity and with your death, that becomes more problematic. Better for many reasons to establish paternity now and then provide for the child by name.

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Answered on 5/24/11, 6:19 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

You can create what is called a "class gift" of a certain amount of money and give your successor trustee a definite amount of time, say six months from the date of your demise, in which to attempt to locate your progeny. At the end of that time if he/she has not found anyone the class is closed and the money could then be distributed to your known heirs. If someone is actuallly found to be your heir (you will need to leave a DNA sample) they get the money.

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Answered on 5/25/11, 8:54 am


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