If a man is married and had children with his wife but also had a child out of wedlock, is that child entitled to any of their father’s property?

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If a man is married and had children with his wife but also had a child out of wedlock, is that child entitled to any of their father’s property?

Child out of wedlock is under 18; children from marrage are adults.

Asked on July 3, 2012 under Estate Planning, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

The CA probate code doesn't care if you had the child during or outside of marriage, that child takes all the same.  In addition, if you make a will and fail to include a child because you didn't know they existed--they take a share even though you didn't provide for them in the will. 

SO in this case, the child would be entitled to their proportionate share of the father's property unless he knew the child existed and intentionally omitted the child from the will.


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