What is the name of your state? New Jersey
My father recently passed away. He left behind him the proverbial wife less than half his age (he was somebody) and a child she bore by cheating on him. I have been unable to retrieve a copy of the birth record yet to determine if he in fact signed the birth certificate, but I doubt he did. His will written only shortly before he married her did not have provisions for her or her new child and he did have a prenup which we somehow cannot locate yet either (convienient)
I understand that all this plays into the distribution of the will, but what about an irrevocable trust established for my brother and I many years earlier?
In the trust he specifically names my brother and I, something to the tune of I leave this trust to my children, George and Mary, with no mention of the new illegitimate child that his ex is passing off to our family as his (I know for a fact it is not, so that is not in question). Her lawyer is trying to claim that this is to assume that he means this child as well. If he didn't sign the certificate, no harm, no foul, kid gets nothing, but what if he did? Can they take the trust he set up for us and distribute it to her as well? We are not talking about a substantial amount of money or this would not be an issue, I can share a couple hundred thou
.
Any help on this matter is greatly appreciated. Thanks.
My father recently passed away. He left behind him the proverbial wife less than half his age (he was somebody) and a child she bore by cheating on him. I have been unable to retrieve a copy of the birth record yet to determine if he in fact signed the birth certificate, but I doubt he did. His will written only shortly before he married her did not have provisions for her or her new child and he did have a prenup which we somehow cannot locate yet either (convienient)
I understand that all this plays into the distribution of the will, but what about an irrevocable trust established for my brother and I many years earlier?
In the trust he specifically names my brother and I, something to the tune of I leave this trust to my children, George and Mary, with no mention of the new illegitimate child that his ex is passing off to our family as his (I know for a fact it is not, so that is not in question). Her lawyer is trying to claim that this is to assume that he means this child as well. If he didn't sign the certificate, no harm, no foul, kid gets nothing, but what if he did? Can they take the trust he set up for us and distribute it to her as well? We are not talking about a substantial amount of money or this would not be an issue, I can share a couple hundred thou
.Any help on this matter is greatly appreciated. Thanks.