Legal Question in Wills and Trusts in New York

deaths

38year old just discovered who my biological father is in 2005. we communicated for a short while he died about 3 weeks ago. i found out that his wife, ex wife and children are fighting over his belongings. apparently they don't know anything about me i am his first born. since they are fighting over his property i want to know if i have ant rights to anything of his. by the way he has never supported me financially, emotionally, or otherwise


Asked on 9/19/07, 6:06 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: deaths

Best answer on your scanty facts is maybe! Has the decedent formally acknowledged you? Is he listed on your actual birth certificate, presuming you were adopted or on any birth certificate? How did you learn about his being your father? Did he leave a Will or is the estate being handled as an administration (where someone dies without a Will)? If you can establish you are a natural child you may have a right to inherit by law, but more information is needed.

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Answered on 9/19/07, 6:45 pm
Michael Markowitz Michael A. Markowitz, PC

Re: deaths

It depends on whether he had a will. If there is a valid will and you are not mentioned, you are out of luck. If there is no will, that means he died intestate. As a biological child you would be eligible to a distributive share.

Mike.

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Answered on 9/19/07, 7:11 pm


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