Legal Question in Family Law in New York

Fathers inheritance

Do children of a deceased parent have equal rights to the inheritance dispite what a will may say.


Asked on 9/02/06, 8:11 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Fathers inheritance

Parents do not have any obligation to support or leave an inheritance or an estate interest to adult children,in any share.

However, if it appears a Will failed to provide for a child/ren in "oversite;" or it appears that the child/ren omission was unintended and inconsistent with the "expressed intention" of the deceased, to provide for certain child/ren, the unnamed adult child/ren MAY be entitled to share equally with other members of their "class," who were provided for in the Will.

Of course, Minor children, may claim a share in the estate of a deceased parent (and against a Will that fails to provide for minor child/ren), especially, if the deceased parent did not otherwise provide for the minor child/ren.

Good luck,

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Answered on 9/03/06, 1:48 am


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