Legal Question in Wills and Trusts in California

my mother has past and an illegitmate son from my fathers past has popped up; is this child able to collect against their estate once my dad passes?


Asked on 12/07/15, 2:44 pm

2 Answers from Attorneys

William Christian Rodi Pollock

That depends. Is your father deceased also? Did your father leave a will? If so, who are the beneficiares under the will.Does the will address this issue? Are there any unpaid obligations to the unknown child? If there is an intestacy ( ie no will and the state law governs), is your father in California or another state? Is there any proof the child is a descendent of your father?

You really need to engage counsel who can review the requirements and address the issues with you.

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Answered on 12/07/15, 3:51 pm
Michele Cusack Pollak & Cusack

If your father is intestate (having no will) the out of wedlock child may have a claim against his estate. If your father is still alive, he should consult a lawyer to make sure his wishes are carried out.

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Answered on 12/07/15, 4:11 pm


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