Foo Fighters frontman Dave Grohl broke his fans hearts when he announced he fathered a child outside of his marriage. He has been married to wife Jordyn Blum for 21 years, and the couple has daughters: Violet, Harper, and Ophelia. Grohl has frequently performed with his daughter Violet at Foo Fighters shows.

His Instagram post read that:

“I’ve recently become the father of a new baby daughter, born outside of my marriage. I plan to be a loving and supportive parent to her. I love my wife and my children, and I am doing everything I can to regain their trust and earn their forgiveness. We’re grateful for your consideration toward all the children involved, as we move forward together.”

This social media statement indicates that he intends to provide for his newest daughter. Well, it seems that he can do that with a last will and testament.

Inclusion of Child Born Outside of Marriage in Estate Plan

In a will, one can give a gift or bequest of money or property to a beneficiary. You would mention them by name and include the bequest in your estate planning document. Your personal representative or executor follows your wishes and distributes your bequest after paying probate and legal fees, funeral expenses, and debts.

However, if the parent dies without a will, the probate court follows state intestacy laws to determine who inherits.

Rights of Children Born Outside of Marriage

Dave Grohl lives in Los Angeles, so California probate laws apply. Under California Probate Code §6450(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.” So even though Grohl is already married, his new daughter has legal rights in California.

Significantly, Dave Grohl has acknowledged his new daughter on his Instagram account, which is an important step toward inheritance. A child must show proof they are related. A public statement by the parent helps establish paternity.

If he did not provide for her in his will because he made the will before she was born, she would be considered an “omitted child” and would receive an intestate share.

If he died intestate (meaning without a will), she can claim an intestate share.

However, if Grohl were to terminate his parental rights or the new daughter is legally adopted, then the daughter would not have a claim to his estate.

What Is an Intestate Share?

An intestate share is an amount a probate court grants to a family member when there is no will or trust. California is a community property state. When you die, all property acquired during a marriage goes to the spouse.

All the separate property goes to the spouse and children. Separate property includes all property owned prior to the marriage as well as any gift, bequest, or inheritance received during the marriage but keep in their own name.

Under California intestacy laws, in the specific case of the Grohl family, his wife would receive all of the community property and one-third of the separate property. His (now) four daughters would split the remaining two-thirds of the separate property.

Does a Child Have the Right to an Inheritance?

In most states, children do not have a right to inherit from their parents. A parent could make a will or trust and specifically disinherit a child or give them a nominal amount. The child may or may not be successful in challenging the will on the basis of undue influence, lack of mental capacity, fraud, or improper execution of the will.

Disinheritance is tricky. Simply leaving a child’s name out of the will is insufficient. A child could be considered an “omitted child” and claim an intestate share.

That is not to say that the child will not receive parental support. California, like all other states, has laws for parents to provide child support. Even if the rocker did not acknowledge his child, they could sue for child support.