Legal Question in Wills and Trusts in New York
Deceased Estate
My child's father was estranged from his wife. He died while they were still legally married. What are my child rights regarding his estate.
1 Answer from Attorneys
Re: Deceased Estate
The answer depends on missing facts. Did he acknowledge his paternity? Did he have a Will and, if so, what are its contents? If he had no Will, has his wife applied for administration of his estate (this can be checked with the Surrogate in the County where he resided when he died)? What assets did he have and how were they registered, in individual name or jointly with someone? Assuming he acknowledged paternity, or it can be proven, the children may have an interest in his estate. I suggest contacting a good, local, estate attorney, to assist you. There may be litigation involved, in which case you will have to apply to be Guardian Ad Litem for your children to assert their claims against his estate. In part, this depends upon the size of his estate and what assets may be involved. Answers to my questions and more information on his assets are needed, for a better reply.