Legal Question in Wills and Trusts in New York

Re: illigitimate child and no will!

If the illegitimate child was acknowledged by the father, he or she has equal standing with other children for inheritance. In NY, if there is more than one child and no will, the surviving spouse receives $50,000 plus one-third of the estate. The children share the remaining two-thirds.

Re: illigitimate child and no will!

Dear sir or madam:

According to NY's intestacy law, the father's estate should be divided as follows: first $50,000 to wife, then one-half of remainder to wife. Children divide the remainder in equal shares. Does not sound as though illegitimacy is an issue in your case.

The NYC dept of finance does not record ownership of property. Ownership is reflected in the deed, which is recorded with the County Clerk where the property is located.

You must:

1. Determine how much the step-mother has done in surrogate's court (just began, completed administration, etc.).

2. Determine the status of title to the home.

For additional informatiom, you can contact my firm directly at [email protected].

Good luck,

Anthony S. Park

Re: illigitimate child and no will!

In New York the surviving spouse is entitled to the first $50,000 and one half of the balance; the children share the other half. If the property has a value in excess of $50,000 then your wife may be entitled to a share of the estate. Illegitimacy is disregarded.