Legal Question in Wills and Trusts in New York
Contesting a Will as an unnamed sole biological child
I have learned that my father, who divorced my mother when I was 2, is terminally ill. He remarried when I was 5 to a woman with 3 children and essentially disregarded my existence since he divorced my mother. He has no other biological children. My father is an Ivy-League educated Wall Street Advertising Executive and has a net worth in the neighborhood of 5-10 million dollars, possibly more when insurance policies are figured in. I have tried to contact him at various times in my life to no avail. I can accept the fact that he is most likely just a cold hearted bastard. But I admit, I have always felt slighted as I learned of each of his step-kids going to Ivy-League Colleges on his dollar while I had to struggle paying and loaning my way through community college and state college on my own. I learned of his illness through a distant Aunt and also found out that I am not named in his will, although not specifically excluded, with majority of his assets going to his wife and 3 stepchildren. As this man's sole biological son, do I a plausible chance of challenging his Will or do I simply get ignored in his death as I have been during his life?
3 Answers from Attorneys
Re: Contesting a Will as an unnamed sole biological child
If you can show that at the time of making the will, he did not know he was excluding you or that the will was improperly executed or procurred by fraud, coercian or duress, you can knock the will out. Also, if he made a bequest to his children, you are included.
Daniel Clement
212 683-9551
Re: Contesting a Will as an unnamed sole biological child
There is no statutory requirement for a father to leave an adult child anything in his will.
There are many subtleties in this situation: Does your father�s will say, �I leave my children such and such� or �I leave my step-children such and such� or does the will mention the step children by name? Is there a provision in the will that if anyone tries to challenge the will, they will receive a token bequest (for example,
$1.00)?
Because of the size of your father�s estate, you may want to contact a very experienced attorney who concentrates in this area (and � as I�ve said in other responses --- not your friend�s cousin who just graduated from law school). Start by contacting the New York State Bar Association. I am sure they can help with a referral.
Good luck.
Re: Contesting a Will as an unnamed sole biological child
This is not an easy matter, but you should not disregard it. I would try to make peace with your father, even if he's nothing more than a sperm donor.
Beyond that, it really depends on how the will is written as to if you will or will not inherit. You should hire a good local attorney. With an estate of that size, it will be worth your while.
Good luck.
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