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Does law on succession in CA have a concept of legitime?

Redondo Beach, CA |

My mother place all her properties in a living trust. I'm afraid she will take me out of it and totally disinherit me. Is there legitime in the succession law of CA? I came from a civil law country and we have a concept of legitime. If there is none in CA, is there anything in CA succession law that prohibits a decedent to totally disinherit a child?

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Attorney answers 4

Posted

A parent may disinherit a child in CA. In fact, it is done all the time. The only requirement that must be satisfied is the intention of the parent to disinherit. An omitted child (one not mentioned in the will or testamentary document) may have certain rights. See, Probate Code sections 21620-21623.

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Michael Raymond Daymude

Michael Raymond Daymude

Posted

BTW, as a CA lawyer, I had never heard the term legitime before your post and had to look it up. The reason I participate here: it's an education.

Asker

Posted

You gave a great answer. I get a lot of education here too.

Asker

Posted

You never heard of it simply because its only present in Louisiana (according to the post below) and nowhere else in US law.

Posted

A parent can disinherit a child in California. Nothing in statute or case law prohibits it.

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Posted

California does not have that concept.

Posted

Louisiana, because of its civil law history, is the only state in the nation with the concept of legitime, but it has been modified to provide for forced heirship only for heirs of the first degree who are under the age of 24, or incapable of taking care of their own affairs.

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