Redondo Beach, CA asked in Estate Planning for California

Q: New Baby Not Listed in the Family Trust - Will She Still Inherit?

My boyfriend is a co-trustee and beneficiary of a family trust. The entire family consists of my boyfriend, his mother and brother (the three co-trustees). They do not have any other family members, extended or otherwise. However, last year my boyfriend and I had a daughter together, but she is not listed anywhere other than on the birth certificate as a part of his family (we are not married). The trust has never been amended to include our daughter as a beneficiary. As such, I am wondering if something were to happen to her father then would she be entitled to inherit anything from the trust as his heir? Or will she need to be added to the trust in order to inherit one day?

Thank you so much for your help.

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1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
PREMIUM
Answered
  • Estate Planning Lawyer
  • Carlsbad, CA
  • Licensed in California

A: You have to look at the Trust to see how it is written. When I write one I make it so you never have to worry about this problem and don't have to update your Trust every time anyone has a baby. I bet this Trust is written that way too, BUT a Trust can be written any way the client wants so you really have to look at it to see if the money goes to your boyfriend's heirs if he dies before his mother.

James Edward Berge agrees with this answer

1 user found this answer helpful

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