Legal Question in Family Law in New York

Rights of an illegitimate child

If a father leaves all his

fortune to his illegitimate

child does his wife and

legal children get

nothing? How can the

child prove he is the son

if the father is dead?


Asked on 10/07/08, 4:30 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Rights of an illegitimate child

Under New York State law you cannot totally cut a wife out of a will. She has a "right of election" which is $50,000. However, children do not have a right to collect from a father under a will.

Mike.

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Answered on 10/07/08, 7:44 am


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