Legal Question in Wills and Trusts in California
Claim from illegitimate child hold up?
We 3 sisters recently learned our father, age 92,fathered a son from an affair in the early 1950's, while married to my mother, whom he is still married to today. They have had no contact throughout their lives. Us daughters are interested in locating this person, however want to know if he could claim from my father's estate as he (father) is not that many years away from passing away. Otherwise we would wait until after both parents deceased.
3 Answers from Attorneys
Re: Claim from illegitimate child hold up?
go see an attorney who can evaluate the comptancy of your father and if he, not you, but he wants to disinherit this son, he must do so in writing. otherwise your mother takes at least 1/2 if not all of the estate is she outlives him and then if she does not all the siblings share equally -- this is the genral law and is not etched in stone. but each sould have minamally a will if not a living trust -- don't do this your self or you will screw it all up -- see an attorney who has an expertise in estate planning
Re: Claim from illegitimate child hold up?
Interesting question. If the child was adopted by someone else, he has no legal claim to your father's estate. If he was never adopted, then he would have a claim. Your father can, of course, specifically disinherit him by stating in his will that he had a child out of wedlock and intentionally leaves nothing to him.
Re: Claim from illegitimate child hold up?
I don't completely agree with the reply by Michael Olden ... whether your mother takes 1/3, 1/2, or all of your father's estate depends on whether there is separate property, community property, and/or joint tenancy property involved.
But I do agree that your father needs to see a lawyer!
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