Legal Question in Wills and Trusts in New York

Re: biological daughter not named in will

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the daughter was born after the execution of the Will, she would qualify as an afterborn child and could be entitled to a substantial part of the estate.

Contact me if you need more information.

Re: biological daughter not named in will

It is a decision that should be made in consideration of many factors. Two of these are:

(1) is there a basis to contest the Will (i.e. do you have any evidence that the Will was not executed properly)? [keep in mind that you may have a right to examine the witnesses to the Will and the attorney who prepared the Will prior to contesting the Will].

(2) is the estate of sufficient size to make a Will contest worthwhile? [kee in mind that there may be expenses associated with a Will contest (eg. attorneys' fees)

Again, there are many more factors that should be considered.

I would recommend that you consult with an attorney to learn what your rights may be.

If you would like my assistance, please feel free to contact my office.

Best of luck.