Presumption of Paternity within Marriage

Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary’s descendents per stirpes.  Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than beneficiary, objected to final account.  Court held that despite the presumption of paternity for children born within a marriage, the presumption did not apply in this case, because the husband and wife were separated, and even if the presumption did apply, the putative daughter has presented clear and convincing evidence to overcome the presumption.  Court concludes putative daughter is the daughter of the trust beneficiary.  Bostick Trust, 4 Fid. Rep. 3d 241 (O.C. Mont. 2014) (Opinion by Murphy, J.)

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