Legal Question in Wills and Trusts in New York

Q. Do I have a legal right to his inheritance?

A. Yes. Pursuant to NY DRL 117, "When a birth or adoptive parent, having lawful custody of a child, marries or remarries and consents that the stepparent may adopt such child, such consent shall not relieve the parent so consenting of any parental duty toward such child nor shall such consent or the order of adoption affect the rights of such consenting spouse and such adoptive child to inherit from and through each other and the birth and adopted kindred of such consenting spouse."

Mike.

You do appear to have a right to inherit his estate. However, jointly owned property passes to the surviving owner(s) by operation of law and is not part of the estate.

Both responses seem to be correct. I just add that your rights only pertain to the probate estate, that is, the estate that would pass to the heirs if there were a Will. This does not include assets registered jointly with someone else, or those having a designated beneficiary (like life insurance or a retirement plan) or those where a statute creates rights (like a survivng spouse's election). More information about the estate and its assets are needed for more than a general resply to your question.