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Is it legal for someone to state in a trust that only "legitimate" descendants may inherit?
My father recently passed away. He was the beneficiary of a trust fund his father (my grandfather) left for all his children. I was told that there was a clause or something that my grandfather said that only "legitimate" children could receive benefit from the trust. I don't know the exact wording, but that is what the lady told me on the phone, and that she sent it down to their lawyers to make sure that it was legal in this state (Ohio).
I think that's very mean of my grandfather, paternity was established a while ago that I am my father's daughter. :( I never had a bad relationship with my grandfather, it wasn't great but it wasn't bad.
My father was receiving it, and will be the executor of his estate (working on it now) and his only child, he was never married.
I meant to say that *I* will be the executor of his estate.
6 Answers
- cantcuLv 71 decade agoFavorite Answer
Yes it is legal, and as paternity was established, YOU ARE a "legitimate" descendant! You are interpreting the language wrong!
- 1 decade ago
Yes its legal. And if it was established that you were your fathers child, you are a legitimate heir.
People can but just about any restriction on a trust as long as its not illegal or void as to public policy. This is not one of those things. An example would be money to a school as long as they were racially restrictive.
- 1 decade ago
I don't know about Ohio, but as far as I know, in most places, the person writing the will can choose to leave their estate to whom ever they choose. They can choose one person or all relatives. They can even omit every family member if they wish. However, that money, once it is in the hands of whom ever was to inherit, they can do with that money what they want, and if they want to give it to someone who was not on the "list" they may do so.
- fangtaiyangLv 71 decade ago
If your father was receiving it you should be next in line. The legitimate clause should not make a difference.
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