Is a parent's right to inherit from a child born out of wedlock?

California, United States of America


The following excerpt is from Estate of Griswold, 108 Cal.Rptr.2d 165, 24 P.3d 1191, 25 Cal.4th 904 (Cal. 2001):

To avoid such a dubious outcome in the future, I believe our laws of intestate succession should allow a parent to inherit from a child born out of wedlock only if the parent has some sort of parental connection to that child. For example, requiring a parent to treat a child born out of wedlock as the parent's own before the parent may inherit from that child would prevent today's outcome. (See, e.g., Bullock v. Thomas (Miss.1995) 659 So.2d 574, 577 [a father must "openly treat" a child born out of wedlock "as his own" in order to inherit from that child].) More importantly, such a requirement would comport with the stated purpose behind our laws of succession because that child likely would have wanted to give a share of his estate to a parent that treated him as the parent's own.

Other Questions


Is an agreement by a parent to modify the child's right to support binding on both the parent and the child? (California, United States of America)
When will a non-custodial parent's obligation to pay child support be diminished if the custodial parent has interfered with custody or visitation rights? (California, United States of America)
Does a parent have a right to physically restrain their child from physically assaulting the child? (California, United States of America)
Can a non-custodial parent who signed an agreement with the district attorney for child support be ordered to pay child support without the consent of the custodial parent? (California, United States of America)
In what circumstances will the court grant a parent's right to waive counsel in a termination action brought to terminate parental rights? (California, United States of America)
Does a defendant have a parent's right to parent and right of free expression in a criminal case? (California, United States of America)
Does a parent have a right to change the residence of their child? (California, United States of America)
What is the test for terminating a child's parental rights? (California, United States of America)
When a custody dispute arises after a initial award of custody has been made, does a parent who wishes to relocate with the child have a greater burden of proving parental relocation is necessary? (California, United States of America)
Is a restraining order against a mother that prohibits her from speaking out in support of her child's right to exercise her right to freedom of speech? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.