Legal Question in Wills and Trusts in New York

Definition of Legitimate Children

I was a widow with two children when I remarried. My husband never legally adopted my two children. We had one child together. If I passed away first, then he passes away later , are my two children entitled to any inheritance? They are listed in the will, but I'm concerned that any other assets will go directly to his legitimate child. Is that true?


Asked on 2/14/03, 2:54 pm

2 Answers from Attorneys
Frank Lang Lang Law Firm PLLC

Re: Definition of Legitimate Children

Since your current husband did not adopt the children from your prior marraige, they would not inherit from him unless he provides for them in his Will. If you predecease your husband, he could always change his will in the future. You may consider designating your children as the beneficiaries of your retirement accounts or insurance policies to protect them. I would recommend sitting down with an Estate Planning Attorney to address these issues.

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Answered on 2/17/03, 1:08 pm
Walter LeVine Walter D. LeVine, Esq.

Re: Definition of Legitimate Children

SINCE THEY ARE NOT HIS NATURAL OR ADOPTED CHILDREN, YOUR PREDECEASING HIM COULD RESULT IN THEIR RECEIVING NO INHERITANCE. YOU SHOULD CONSIDER PROVIDING SEPARATELY FOR THEM, OR MAKING JOINT WILLS THAT RECOGNIZE THEM AS POTENTIAL HEIRS REGARDLESS OF THE ORDER OF DEATH.

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Answered on 2/14/03, 3:59 pm


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