Can an Illegitimate Child Make a Claim on my Estate?

Inheritance laws in California have evolved significantly, ensuring that all children, regardless of their parents' marital status, have equal rights. This article explores the inheritance rights of illegitimate and omitted children under California law, focusing on wills and trusts.

Defining Illegitimate Children in California

Historically, children born out of wedlock were often denied inheritance rights. However, California law now guarantees that all children, irrespective of their parents' marital status, have equal inheritance rights. According to California Probate Code Sections 6450 to 6455, the parent and child relationship exists regardless of the marital status of the parents. This means that illegitimate children are considered natural heirs and are entitled to a share of the estate.

Legal Framework: California Probate Code

California’s Probate Code Sections 6450 and 6453 are pivotal in understanding the rights of illegitimate children. Section 6450 states, "The relationship of parent and child exists between a person and the person’s natural parents regardless of the marital status of the natural parents." This provision ensures that illegitimate children have the same rights to inherit from their parents as legitimate children.

Section 6453 further clarifies that a natural parent and child relationship is presumed under the Uniform Parentage Act. This relationship can be established through various means, including court orders or clear and convincing evidence that a parent has openly held out the child as their own.

Learn More: How California Probate Court Drains Your Estate

Trusts and the Rights of Illegitimate Children

Trusts are legal instruments used to manage and distribute a person's assets outside of probate court. While the terms of the trust document usually govern who inherits the assets, there are scenarios where illegitimate children are not named in a trust, often due to embarrassment or oversight. If a child is not specifically acknowledged in a will or trust, they could make a claim on the estate for their intestate share, which would be the share they would have received had there been no documents.

Learn More: Trustee's Guide to Administering Trusts After Death

Omitted Children and Their Rights

California Probate Code Section 21620 states, "If a decedent fails to provide in a testamentary instrument for a child of decedent born or adopted after the execution of all the decedent’s testamentary instruments, the omitted child shall receive a share in the decedent’s estate equal in value to that which the child would have received if the decedent had died without having executed any testamentary instrument." This means that if an illegitimate child is omitted from a will or trust, they are entitled to a share of the estate as if no will or trust existed.

Exceptions to Omitted Child Provisions

There are exceptions to the provisions for omitted children. According to Section 21621, these include:

1. The failure to provide for the child was intentional, and this intention appears from the testamentary instruments.

2. The decedent provided for the omitted child outside the will or trust with the intent that this transfer be in lieu of a distribution form the will or trust.

3. The decedent believed the child to be dead or was unaware of the child’s existence.

In such cases, the omitted child's share would come from any portion of the estate not addressed by the will or trust, or more likely from the shares of the other named beneficiaries, proportional to their share.

Claims and Notifications

Illegitimate children can easily make claims if they are not named in the will or trust. In trust and probate proceedings, all potential heirs must be notified, including illegitimate children. Specialized companies often assist in 'finding' heirs and connecting them with ongoing probate cases in exchange for a percentage of their inheritance.

Case Law Examples

A notable example is the Estate of Nick Martino, where Martino's stepchild was able to claim an inheritance right due to the strong familial relationship, despite no biological connection. This case illustrates how courts can interpret family relationships and apply inheritance laws, even in complex situations.

Learn More: New California Ruling in Favor of Stepchildren Inheritance

Practical Advice for Estate Planning

When creating a will or trust, it is crucial to be clear about your intentions and specify all your children by name, regardless of their legitimacy. This clarity can prevent potential disputes and ensure that your estate is distributed according to your wishes.

For illegitimate children who believe they have a claim, it is advisable to seek legal counsel to understand their rights and potential claims.

Conclusion

California law does not discriminate between legitimate and illegitimate children regarding inheritance rights. If a child is left out of a will or trust, the probate code ensures that the child will receive a share of the estate. Proper estate planning and clear documentation can help prevent disputes and ensure that your estate is managed according to your wishes.

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