Legal Question in Wills and Trusts in New York

illegetimate child's rights as heir
i am an only child born out of wedlock 49 years ago, in 1953. my mother was a surical nurse (now deceased) and my father a surgeon (deceased in 2001). at the time of my birth he told my mom he wanted nothing to do with me. to my understanding i am his first born son.

found his obituary and found that i have 3 siblings and 6 neices and nephews from Providence, RI

i was raised simple with just enough. after graduating high school i had to work to support myself, could not afford college. i could have made something of myself if i had his help the way his scholarships are helping others and not his own flesh and blood.

do i have any righs

claim child support that i was denied
any rights to his estate
DNA can be tested from my siblings
this must be expensive of which i have no money
since i live in ny and he is from RI
do i have to get a lawyer over there
should i pursue any rights i may have

do illegetimate children have any righs when a father has plenty to give and yet denies the illegetimate son

Asked on 6/10/03, 6:32 pm

4 Answers from Attorneys

Frank Lang Lang Law Firm PLLC

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Re: illegetimate child's rights as heir

If your father died without a Will, or if his will left his assets to his "issue" or "children", you may have an interest in his estate. You should contact a lawyer in Rhode Island who will be able to tell you your rights under their state law. If you need help finding a lawyer, you can go to the National Academy of Elder Law Attorney web site, www.naela.com, and use their referral service.

Answered on 6/12/03, 9:26 am

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Stephen Loeb Law Office of Stephen R. Loeb

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Re: illegetimate child's rights as heir

You may have rights but money will be an issue. Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699

Answered on 6/11/03, 11:31 am

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Walter LeVine Walter D. LeVine, Esq.

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Re: illegetimate child's rights as heir

Potential rights may exist, but much information is missing from your question. Were there any legal proceedings between your mother and father, whereby he may have terminated any rights, with your mother's consent? Why did you wait all this time, which might be a bar to a suit? I suggest contacting the RI Bar Association for a referral to an attorney familiar with their laws and your potential tights.

Answered on 6/11/03, 3:49 pm

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