California | Wills and Trusts
Legal Question
My father has illegitimate children and does not want to leave them anything. What should he do?
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Legal Answer
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Read More Answered By: George Shers |
Under California law, children born out of wedlock have the same rights to inherit, etc, as those born in marriage. Soin any trust or Will he must state their names, mother's name, that he realizes he is their father, and that, for whatever reason, he leaves them one dollar but nothing if they contest the legal instrument in any fashion.
However, he needs to remember that it was not the children who are at fault and he bears moral and legal responsibility for their existence [including child support even if their mother never asked for any]. Why punish the children and embitter them for something they had no control over [even if they dislike him now, do they have justification for that?]. Moreover, when he dies it is you and your siblings who will bear the brunt of any emotional trauma and ill will from the disherited ones, not him. If anyone lives outside of California, the law might be different. |
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