Legal Question in Wills and Trusts in New York

Re: Being disqualified as a distributor

S 4-1.4 Disqualification of parent to take intestate share

(a) No distributive share in the estate of a deceased child shall be allowed to a parent who has failed or refused to provide for, or has abandoned such child while such child is under the age of twenty-one years, whether or not such child dies before having attained the age of twenty-one years, unless the parental relationship and duties are subsequently resumed and continue until the death of the child. Subject to the provisions of subdivision eight of section two hundred thirteen of the civil practice law and rules, this paragraph shall not apply to a

biological parent who places such child for adoption with a person or agency based upon: (1) a fraudulent promise, not kept, to arrange for and complete adoption of such child, or (2) other fraud or deceit by the person or agency where, before the death of the child, the person or agency fails to arrange for the adoptive placement or petition for the adoption of the child, and fails to comply timely with conditions imposed by the court for the adoption to proceed.

(b) In the event that a parent or spouse is disqualified from taking a distributive share in the estate of a decedent, under this section or 5-1.2, the estate of such decedent shall be distributed in accordance with 4-1.1 as though such spouse or parent had predeceased the decedent.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.

Re: Being disqualified as a distributor

My condolences on your loss.

This likely nonsense.The ex-husband is unlikely to get very far with this.

He must show you have not acted as a parent for a period of time extending over years; and the standard of proof is very high.

If there is a 'will', then he has almost no likelihood of prevailing. Absent a will, if he lived in the same city as your daughter and you did not, then that type of fact would support his claim. In short, evidence that shows he had an active relationship with her and you did not is needed to support his claim.

This is not an easy motion to win.

You are welcome to a consultation for no fee.

Re: Being disqualified as a distributor

You should contact an attorney immediately to review your case.

Anthony S. Park

[email protected]

Re: Being disqualified as a distributor

If you are not sure how to proceed, you can ask the court for an adjournment so that you may seek legal advice.

It appears that you would benefit from consulting with an attorney to determine your legal rights.

If you decide that you would like to consult with an attorney, please feel free to contact me--I can meet with you in Brooklyn or Manhattan.

In any event, best of luck.