What happens if I have a child after I create a will in California?
California's omitted child statute protects children born after a will is created. Under California Probate Code Section 21620, if you have a child after making your will and don't update it, that child may have inheritance rights even if they're not mentioned in the will.
How California's Omitted Child Statute Works
The statute applies when a child is born or adopted after you create your will. The omitted child can receive an inheritance equal to what they would have received under California's intestate succession laws unless specific conditions apply.
Exceptions to the Omitted Child Statute
The omitted child statute doesn't apply if:
- You intentionally omitted the child from your will
- You provided for the child outside the will (like through a trust or insurance)
- You had other children when making the will and left substantially all your estate to the child's other parent
Protecting Your Estate Plan from Omitted Child Claims
To avoid complications, California estate planning attorneys recommend updating your will whenever you have a new child. This includes:
- Revising your will to include the new child as a beneficiary
- Updating beneficiary designations on life insurance and retirement accounts
- Considering guardianship provisions
- Reviewing your living trust if you have one
Impact on Other Beneficiaries
If an omitted child successfully claims an inheritance, it may reduce what other beneficiaries receive. This can lead to family disputes and probate complications.
Key takeaway: Always update your will and estate plan when you have a new child to avoid unintended consequences and protect your family's inheritance rights.
