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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9364
Experience:  Since 1983
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Second opinion] - A friend in California has a trust fund

Customer Question

Second opinion] - A friend in California has a trust fund set up by his (now deceased) mother. He lives in a house that is owned by the trust and he can stay there until his death at which time his "issue" can move in and live until his/her death. There is no provision for a spouse to move into the house...only the the son's issue. The California Trust is irrevocable. If my friend has an adopted child would that child qualify as the issue or is "issue" strictly his biological child from a marriage (a blood line child)?
Submitted: 11 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 11 months ago.

Thank you for your question.

California Probate Code:

"6450. Subject to the provisions of this chapter, a relationship of parent and child exists for the purpose of determining intestate succession by, through, or from a person in the following circumstances: (a) The relationship of parent and child exists between a person and the person's natural parents, regardless of the marital status of the natural parents. (b) The relationship of parent and child exists between an adopted person and the person's adopting parent or parents."

So the answer is Yes.

There are multiple cases that agree with my answer cited in the case posted at

http://law.justia.com/cases/california/court-of-appeal/2d/214/39.html

which construed an earlier version of the statute I quoted.

See also Estate of Heard where the Court states, at age 521: The word "issue" is there used in the same sense as the words "child" and "children."

I hope this information is helpful.