Legal Question in Wills and Trusts in California

My father passed away last month. He left most asset in a trust for me and my siblings. There were a few assets that he had not yet included in the trust so they must go through probate. My father had a son prior to marrying my mother. He never saw the son but did pay child support until he was 18. My parents did not include him in the trust or will. Can this son make any claim on our estate? Do we need to contact him?

Asked on 8/29/13, 3:33 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

I am sorry for your recent loss.

It depends on what the trust document and/or will say as to the omitted child. If there is nothing in the documents, yes the omitted son can make a claim and is probably entitled to an equal share of the probate and non-probate estate (excluding life insurance).

Yes, he should be notified of his father's death. He is probably entitled to a copy of the will and trust so there is no reason not to send it to him.

Please feel free to contact to discuss this matter further and to discuss your responsibilities in administrating the trust in general.

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Answered on 8/29/13, 3:42 pm

William Christian Rodi Pollock

He is certainly entitled to notice of the administration, and will also likely be required to be noticed in any probate. Whether he has any claim wil be determined by the terms of the trust and or will and the california law applicable if he is simply not mentioned. You really need to engage counsel tyo assist you in the matter and provide them all the relevant documents and facts.

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Answered on 8/29/13, 4:47 pm

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