Legal Question in Wills and Trusts in New York

I assume that the 6 month old is your partner's child.

Generally, if your partner does not have a will, and he is not married, then the 6 month old would have a 1/3 interest in the estate. It does not matter if the child is a minor.

However, your partner has the right to draft a will that would exclude your child - or any child. Since you are not married your partner has the right to exclude you in his will and estate.

Mike.

If your partner dies without a will, his estate would pass by intestacy. Meaning that if he were survived by three children as his only distributees, each child would take a one-third share regardless of age. On the other hand, if your partner dies leaving a will, then his assets would pass to the beneficiaries of the will without regard to relationship. Since your child was born out of wedlock, I would suggest that your partner execute an acknowledgement of paternity to avoid problems in the future.