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California inheritance rights

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S

sickwithsadness

Guest
My husband's will leaves all assets to me, his wife. We have two children from the marriage. He also is supporting a child born out of an affair during our marriage. If he were to die prior to this child's 18th birthday, would this child have any inheritance rights to our home, savings, etc. and any other assets we co own? Would I as his wife be liable for remaining payments on the child support he now pays? We live in community property state of California. Must we mention this child in his will to avoid any contesting of will if husband dies and child is not mentioned?Please advise. Thanks.
 


A

advisor10

Guest
AUG. 21, 2001

Any child, born or adopted, would have inheritance rights. However, I am unfamiliar with California law, and with a matter of such importance, you really do need to consult with a local probate lawyer (first consultation is usually free) to find out the specifics of your situation. His/Her advice could help you plan your estate for the best outcome.

I am speculating that your only obligation would be to leave some type of bequest (small or large) to the child born from the affair (status of stepchildren is somewhat iffy in probate courts) and at least it would be the kind thing to do to let her know she was loved and remembered. I guess that the obligation for child support ends with your husband's death and would not be transferred to you.

You should also post this question on the website www.lawguru.com where you would be more likely to get a response from a California attorney.

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