What happens if I have a child after I create a will in California?

If you have already written a will or established a trust, your estate plan’s validity could still be impacted or even compromised if you have a child after you’ve created the plan. California’s probate code could facilitate the recognition of a “forced heir,” whether a spouse or a child, depriving other beneficiaries of the inheritance they deserve. While almost any significant life event should serve as a reason for revision, the birth of a child is especially important.

The Omitted Child Statute

California legislators have enacted an “omitted child” statute that details the rights of children who were born after a parent or guardian created a will.

Since the Golden State’s probate courts presume that most parents would accord their children an inheritance, children who were born after the execution of a will are treated as if they were unintentionally omitted from the will. In accordance with California’s omitted child laws, the child—whether an adult or a minor—will still be entitled to an inheritance unless certain requirements are met.

Exceptions to California’s Omitted Child Statutes

California’s omitted child statute preserves children’s right to an inheritance unless any of the following conditions are met:

The parent intentionally excluded their child from the will.
The parent bequeathed “substantially all the estate” to their surviving spouse.
The parent provided for the omitted child outside of the will—perhaps through a significant lifetime gift or the establishment of a revocable living trust.

If none of these conditions apply, the omitted child could petition the probate court to receive an inheritance. The amount and extent of the inheritance would be determined in accordance with the intestate provisions of the California Probate Code and could impact other beneficiaries’ rights.

The Necessity of Revising Your Estate Plan

California’s probate code is complex. If you have recently had a child or are expecting to have a child, you should talk to your estate planning attorney about:

How your will may need to be structured
Why you should update your beneficiary designations
The role of insurance policies in estate planning

Even if you have already established a comprehensive and iron-clad estate plan, its integrity could be threatened by the birth of a child, a marriage, or a divorce.

Do You Need to Speak With an Estate Planning Attorney?

If you need to speak with an experienced estate planning lawyer, please contact us online or call us directly at 800.756.5596 to first register for one of our free, informative seminars. Your attendance will qualify you for a special discount for our estate planning services should you decide to make a free appointment at the conclusion of the seminar and choose to proceed with us. We proudly serve clients throughout California with offices in Torrance, Newport Beach, Orange, Woodland Hills and Pasadena.

When You Want the Very Best for Your Loved Ones, Choose Us.

Experience and Expertise. Estate planning and post-death administration are all we do. Our attorneys have over 70 years of combined expertise in the field, and three of our attorneys have passed an additional Bar examination and peer review process to become State Bar Certified Specialists in Estate Planning, Trust and Probate Law. Two of our attorneys also have Master’s Degrees in Tax Law, giving us unique insight into how estate tax and income tax will affect your family’s inheritance.

Customization and Attention to Detail. Before we create or update your estate plan, we get to know you, your goals, and what matters to you most. We take the time to listen to your concerns and attend to each of your unique needs and desires as if they were our own. When we complete your plan, we perform a detailed quality control process to help ensure your objectives are met. We also provide you with a personalized Owner’s Manual containing all of your important documents, and your Successor Trustee with a Manual containing helpful, plain-English checklists and easy-to-follow procedures.

Lifetime Relationship. All of our estate plans include a free ongoing service package. We take phone calls any time you have questions, perform free estate planning checkups every three years, and keep you abreast of changes in the law and planning strategies with our complimentary newsletters and educational seminars. And, when the time comes, we will be there to help your trustee and loved ones.