Legal Question in Wills and Trusts in New York

Father died last year what rights do I have

My father abandoned me and my Mom when I was young, he remarried and adopted three children. Never supported me, and he was a lawyer. I just learned on the Internet he died 1/5/06 I'm sure with a will. How can I find out if I am entitled to anything, and is there a deadline to file for this?

This is a unique situation in many ways.

Thank you.


Asked on 6/13/07, 11:26 pm

2 Answers from Attorneys

Michael Moberg Moberg & Associates

Re: Father died last year what rights do I have

The first issue to resolve is whether paternity was established.

You can search the County Clerk records of the county he resided in for a recorded Will. (It is public access)

Even though you were estranged, you must receive a Notice that the Will is being submitted to probate (if you were recognized as his child). There are multiple issues to resolve but you should act quickly.

Please contact me directly for a complimentary consultation.

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Answered on 6/14/07, 11:11 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Father died last year what rights do I have

You must contact the court or executor within 1 year of the date the extate entered probate or your rights will be lost.

The exception is when there is a will and you are nemed in the will as a beneficiary.

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Answered on 6/18/07, 4:18 pm


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