Legal Question in Family Law in New York

Re: will settlement

If your father did not have a will then, you as his natural child may be entitled to inherit as a beneficiary of his estate proportionate to his other children, any property that does not pass to his wife by operation of law. That means jointly held property with his wife as survivor as wife share would probably not pass to his estate. Also, if he had a will which either does not specifically eliminate you as an heir or specifically names his children who take under the will, you may also be entitled to inherit a share. whether you are a minor and still entitled to receive support from your father, whether he is deceased or not, factors into your entitlement, if any.

You should note that both Petitions for Will Probate and Administration require listing or naming of all the heirs at law which in NY includes all natural children in and out of wedlock.

Good luck.

Re: will settlement

If he left a will and did not name you, probably

not

If he held his property jointly with his

wife, definitely not

If there is no will and the estate is of

a sufficient size to exceed exempt property

and the spousal elective share (upwards of

$ 100,000 in certain cases) then you may share

Re: will settlement

Unfortunately, children are not required to have a share in the estate of either parent. However, because you are a blood relative, I would find out who is handling the estate, and notify him/her of your relation to the deceased.