Legal Question in Family Law in New York

An Illegitimate's Rights

I am the illegitimate child of a New York resident whom passed approximately 35 years ago. This person's identity has just been recently identified to me. What rights do I have (medical, family,inheritance,ect....)?

Any help is appreciated. Thank you.


Asked on 6/07/04, 10:14 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: An Illegitimate's Rights

If you are over age 21, you have the same rights... as any other child viz their parent/S... NONE.

You might have a cause of action to prove paternity , but it would appear you would need to show why such proof is necessary and it's purpose, other than "you want to know." And, it is unlikely a Paternity Order or Judgment dated now, would affect any disposition made 35 years ago.

Until fairly recently, most states did not recognize the right of an "illegitimate" child to inherit unless specifically named in a Will. Even when named, such a disposition did not always sustain challenge.

PHROSKA L. McALISTER,ESQ

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Answered on 6/07/04, 6:33 pm


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