My husband recently found out he has a 40 year old German daughter from a 1970's fling.
He is intending to take his birth certificate there next month to make her his legal daughter( and heir) !
I need to know how to protect myself and our 2 son's because I dont trust her.
He is leaving in a few weeks and doesnt have a will yet stating who would get what if something happened to him, could she claim the same rights that we have?
Is there a simple document I could draw up now stating any kind of boundries in this very strange and unusual situation?
Thank you, Carmen Landau
1 Answer from Attorneys
The only thing that would give your sons any more rights to his estate than she would is if he makes a will or sets up a trust, or both. You already have more rights than any of the children, because you get all community property. Only separate property, if any, goes to children if the spouse is still alive.
Assuming he dies in California, before you and without a will, you will be entitled to all community property. None of the children would be entitled to inherit community property until you die. The daughter would be cut out of any share of the community property in that event. However, if you die first and he dies second (without remarrying and again without a will) then the three children would share equally in all assets.
If he has any separate property, such as an inheritance from HIS parents for example, that has not been commingled with community assets, that would go 1/3 to you, and 1/3 divided in equal shares among the children, including the new-found daughter, meaning each would get 22.22%. If you were to die first then the children would share equally in the separate property assets as well.