Estate administration in California is usually a predictable process. In some cases, there is a will in place clearly outlining who should inherit from the estate and what property they should receive. Even if a person dies without a will, intestate succession laws clearly outline who should inherit from their estate.
Spouses and children are often the main beneficiaries of an estate plan, and they have the strongest protection under intestate succession laws as well. Unfortunately, surprising family issues can come to light during estate administration. Personal representatives may learn surprising information about the person who died, or outside parties may come forward to assert an interest in the estate.
Children from outside relationships that spouses and their children were unaware of could make a claim against an estate. What happens in those situations?
The presence of a will is a critical factor
When unexpected and unknown family members claim to have an interest in an estate, a will becomes a critical form of protection. Generally speaking, surprise family members, including previously unacknowledged progeny, could have legal rights during probate court proceedings where the courts apply intestate succession laws. If there is no estate plan, they can claim a right of inheritance.
However, if the decedent left clear instructions designating specific beneficiaries, then the children not included in the will have less of a claim to inheritance. They may have the option of contesting the will by insisting that their omission was unintentional in some cases.
Securing legal guidance when unexpected complications arise during estate administration is of the utmost importance. Personal representatives contacted by surprise heirs or unknown family members may need help ensuring they uphold the law, remain compliant with estate planning documents and do not violate anyone’s legal rights, and that’s okay.