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California Law Revision Commission

-- Last revised 12/02/02 --

Inheritance Involving Nonmarital Child - Study L-661

    The California Probate Code restricts inheritance by or through the parent of a nonmarital child. The California Supreme Court has recently criticized this statute for failing to go further in limiting inheritance by or through a nonmarital parent who had no direct contact with the child. Estate of Griswold, 25 Cal. 4th 904, 24 P.3d 1191, 108 Cal. Rptr. 2d 165 (2001). The Commission has reviewed the matter and has concluded not to recommend any change in existing law.
    If you have questions or comments on this study, send an e-mail to Brian Hebert at bhebert@clrc.ca.gov.

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