Legal Question in Family Law in New York

Illigitimate Child

Can an illigitimate adult child contest fathers will? Paternity was never established and father denied child.


Asked on 1/23/07, 5:52 pm

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Illigitimate Child

"Anyone" can contest a person's Will. But, whether it is worthwhile to try, is another matter.

Please be advised that even if an adult were proven to be the "natural" child of a deceased person, the adult child is unlikely to be determined, by a Court, to be entitled to share in the estate of their parent. Especially, if the deceased parent's failure to provide for that child,was intentional.

Also, please note that although an outstanding child support judgment may be enforceable past a child's majority, a parent DOES NOT have an obligation to provide anything for their adult children, while they live nor at their demise.

Good luck,

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Answered on 1/28/07, 4:19 pm


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