Legal Question in Wills and Trusts in New York

Re: Do Children of Deceased Parent Have Any Rights?

If he lived in the UK and died in Spain, you would have to submit the question to an attorney that practices law in those two jurisdictions.

Good luck.

Mike.

Re: Do Children of Deceased Parent Have Any Rights?

The answer depends upon whether or not he died with a Will which was probated, or died without one, plus how his assets were registered at the time of his death. None of this information was included in your question. Briefly, my response is this:

1. If he died without a Will and owned assets solely in his own name, you might have an interest in his estate under intestacy laws.

2. If he died with a Will and no mention of you was made in it (even to disinherit you), you might have an entitlement as an "omitted heir"; a natural child not mentioned in the Will. Finally, anything you might be entitled to will only involve his "probate" estate; that is, his estate covered by the Will. Jointly registered assets, POD or trust accounts, or assets having a designated beneficiary (like retirement plans and life insurance policies) are not part of the probate estate. There is no requirement that a parent must leave anything to a child, but this must be specifically covered in the Will. If you need more information, contact me directly.