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Estate Planning Blog

Ask a Folsom Estate Planning Lawyer: “I Just Discovered a Long-Lost Sister. Can She Inherit Dad’s Estate?”

May 15, 2017

This may sound like a situation for a movie, but our Folsom estate planning lawyers have actually received a few calls like these. A long-lost child appears after the death of their parent. This is an alarming situation for so many reasons, but people often wonder if that child has a claim against the deceased’s estate.

The answer is yes, but only if you do not have a will or trust in place. When a person passes intestate (without a will) the state steps in to give you one. In most states, a person’s assets will go to a spouse if a will is not in place. If that person does not have a legal spouse, most states will divide the estate among their children. All of their children.

Here’s an example: A 50-year-old man finds out he fathered a child when he was a teenager. The father has had no relationship with that child. The man currently has a long-term, live-in girlfriend and wants her to inherit the home they share. Should the man be worried that his estranged child will inherit the house instead of the girlfriend?

According to most state intestacy laws, which govern estate distribution in cases where there is no will in place, the answer is yes. The child would have a right to his estate. For this man, it is advisable to create a will that identifies and disinherits his child and prevents the child from taking his assets when he dies. He could also create a will that leaves the house to his girlfriend but also leaves part of his estate to his child.

Situations like this may be rare, but they do happen. If this is a concern for you, it is critical to seek answers to these types of questions with a Folsom estate lawyer before it is too late. To set up a consultation at our Sacramento County office, contact (916) 241-9661.

Call The Chubb Law Firm today at (916) 241-9661 to review your goals and discuss your options.

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I was absolutely without a clue as to how to begin or what I should do to establish an estate plan. I did know that I wanted someone I could trust, that was honest and I would have confidence in. I was referred to Heather by my friend who was being legally advised by Heather on another estate. She was very satisfied with her work and thought I might be happy with her service. At our consultation appointment, her presentation was very thorough. I had lots of questions, and she was easy to talk to and was able to guide me to just the kind of estate plan I needed. That was 10 years ago. Due to circumstances in my life, I have had to make changes to my plan, and I always go back to her for her legal services and guidance. I have recommended Heather before.
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