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    Toolworks's Avatar
    Toolworks Posts: 2, Reputation: 1
    New Member
    		  
    #1

    May 22, 2012, 12:08 AM
    Adult child to contest a will/trust of a parent
    Scenario:

    The adult child was born out of wedlock. Paternity was established through paternity court hearing at a very early age.
    Child support was awarded. Father sent a few monthly child support and stopped. With the help of AFDC, mother was able to collect child support before the adult child turned 18. Father paid in full.

    To this day, the father refused to acknowledge the adult child, and it is very likely the father will not include the adult child in his will/trust.
    Father is now 67 years old and his assets maybe worth at least $6M. Father may not be married, and may have no other children.
    Father has a sister.

    What are the rights of the adult child if he is not in the father's will/trust?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    May 22, 2012, 03:30 AM
    First ANY question on law needs to include your general locale as laws vary by area.

    Second, a person can do whatever they want in a will as long as it doesn't violate the law. While some areas do not allow a child, even one outside of wedlock, to be disinherited, this can be circumvented by leaving a token bequest.

    So basically, if he doesn't want to leave the child anything and he has a good lawyer (as someone with a $6 mil net worth probably does) then the child doesn't get anything.
    Toolworks's Avatar
    Toolworks Posts: 2, Reputation: 1
    New Member
    		  
    #3

    May 22, 2012, 06:02 PM
    Scott,

    The question is from California.

    Your answer is of great help. Thank you very much.


    Toolworks
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