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.

Related Topics:
1 Lawyer Answer
Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.