Legal Question in Wills and Trusts in New York

Are you "entitled" to a portion? No, not really. However, since she left you out of the Will and didn't mention you at all there is the possibility that she may have forgotten you when she made her Will (assuming you had been born when she made the Will.) Also, if she made the Will before you were born that may explain your absense in it. Either way, you are free to challenge the Will on that basis and may be successful.

My comments are based on treating your question as a hypothetical. Accordingly, my comments could be substantially and materially different were I advised of all of the relevant facts and circumstances. My comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with me or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

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