Legal Question in Wills and Trusts in New York
Do grandchildren have inheritance eligibility when their parents divorce agreement
excludes claims by spouses or heirs against the separating families, and specifies
that rights will be construed as if no marriage had occurred?
1 Answer from Attorneys
Not having read the Agreement, this response will give a general answer. This type of language usually just applies to the spouses themselves, not children of the marriage. For example, former spouse dies but his/her children are also the children of the decedent and the surviving spouse. Being children of the decedent they are eligible to inherit. Non-adopted step-children have no rights.This only becomes important if the decedent died without a Will. If the decedent left a Will, its contents control. I have seen instances where a person still included a former spouse in their Wills.