Legal Question in Family Law in New York

Child support in case of death

My husband is military & pays child support faithfully & always has. By court order he can claim the child on taxes every even year. In his will he has disinhertied the child completely. Now by claiming this child on taxes is this going to allow this child to receive a portion of his fathers estate of life ins because he did file taxes on him. If so how do we prevent this from happening? I should not be resposible for paying for a child that is not mine nor should our son have to give up part of his inheritance.


Asked on 1/19/04, 9:31 pm

2 Answers from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Child support in case of death

Child support stops at death. The child will not be able to take from the life insurance policy unless the child is a named beneficiary of the policy. However, it is possible that although the child was disinherited in the will, that the child may have standing to contest the will and may do so. If the Court finds the will invalid the child will have a right to partake from the estate.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 1/20/04, 10:21 am
Albert Van-Lare The Law Office of Albert Van-Lare

Re: Child support in case of death

When a child is claimed on taxes , it is a function of the child as a dependent and someone supported by the person making the claim in that year. It has no relationship to estate matters.

In NY parents can disinherit a child. NY law only forbids a person from disinheriting a spouse.

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Answered on 1/19/04, 10:32 pm


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