{"id":2203,"date":"2014-07-01T11:29:25","date_gmt":"2014-07-01T15:29:25","guid":{"rendered":"http:\/\/resources.evans-legal.com\/?p=2203"},"modified":"2015-05-26T15:58:05","modified_gmt":"2015-05-26T19:58:05","slug":"presumption-paternity-within-marriage","status":"publish","type":"post","link":"https:\/\/resources.evans-legal.com\/?p=2203","title":{"rendered":"Presumption of Paternity within Marriage"},"content":{"rendered":"<p>Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary&#8217;s descendents per stirpes.\u00a0 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.\u00a0 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.\u00a0 Court concludes putative daughter is the daughter of the trust beneficiary. \u00a0<em>Bostick Trust<\/em>, 4 Fid. Rep. 3d 241 (O.C. Mont. 2014) (Opinion by Murphy, J.)<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Trust beneficiary died and trust dictates that principal and undistributed income goes to beneficiary&#8217;s descendents per stirpes.\u00a0 Corporate trustee determined that beneficiary died without issue, and putative daughter, who was born while mother was married to a man other than &hellip; <a class=\"more-link\" href=\"https:\/\/resources.evans-legal.com\/?p=2203\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[34],"tags":[246],"class_list":["post-2203","post","type-post","status-publish","format-standard","hentry","category-opinions","tag-presumption-of-paternity","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2203","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2203"}],"version-history":[{"count":1,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2203\/revisions"}],"predecessor-version":[{"id":2204,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=\/wp\/v2\/posts\/2203\/revisions\/2204"}],"wp:attachment":[{"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2203"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2203"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/resources.evans-legal.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2203"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}