I live in California. My husband just passed away. But, I still have his sperms and could use that sperms to get pregnant even after he passed away. He had a will and trust been set up. However, the will did not mention about a future baby. So, if I do get pregnant by using his sperms after he already passed away, will the baby have a right to claim his asset in California?
Yes, with some conditions given in California Probate Code section 249.5. If your husband specified in a dated and signed writing that his genetic material could be used for such a purpose and he specified who could control the use of the genetic material. Also, the child must be conceived within two years of your husband's passing away.
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This is a new area of law and one that is receiving growing interest in most states. California appears to be one of the more progressive states, in this regard. Given that your husband's Will apparently did not contain the language referenced by Mr. Johnson, your best bet is to contact a probate attorney and have the Will reviewed to determine your rights and those of any future children.
Your answer may also depend on facts which are not included in your summary, such as whether or not there are persons with intervening rights, under California law, such as children from prior marriages.
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Your question is missing a key component? What is the nature of your property. In addition, the child would not be treated as a pretermitted heir. As such the terms of the trust would continue to control.
If all your property was community property and the will and/or trust left all community property it would all go to you. As to retirement assets, anything in a 401K or pension would all go to the surviving spouse and most IRA contracts provide the same.
What assets are your concerned about? That would be more helpful.
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