If a living Trust was made and a biological child was completely omitted by the deceased parent, is there a statutory share that the child is entitled to?

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If a living Trust was made and a biological child was completely omitted by the deceased parent, is there a statutory share that the child is entitled to?

The child was abandoned by mother at age 7; she never attempted to contact or provide for the daughter again.

Asked on October 1, 2012 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the trust that you are writing about specifically omits any mention of the biological child by name in its content (for example not naming the child and making no provision for her), then under the laws of all states in this country this omitted heir has a statutory basis for making a claim to the trust for being omitted.

If such is the situaiton, then this child should contact a Wills and trust attorney to see what her legal recourse is.


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