Legal Question in Wills and Trusts in New York

Re: Non-marital minor child and estate administration

My condolences on the loss of your son. Fighting a spouse who is the named beneficiary of an insurance policy before an order of divorce is issued is an uphill battle. Are you certain she will not provide properly for your grandchildren?

Would your efforts be best spent maintaining your involvement in the lives of your grandchildren.

You are welcome to a consultation with me for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first - (646) 591-5786. My best wishes.

Re: Non-marital minor child and estate administration

The attorney is looking for proof that she is the decedent's daughter. You can submit copies of the proof.

Re: Non-marital minor child and estate administration

You should provide copies of the requested documents in order to establish that the decedent was your daughter's father. You should also be aware that the laws of intestacy only apply to assets that were solely owned by the decedent at the time of his death, and didn't name a beneficiary. If his then wife was the beneficiary of the policy, she will receive the death benefit. If she owned any other assets jointly with him, she will now be the sole owner.

Re: Non-marital minor child and estate administration

You need to comply to assert your child's claim. The attorney problem may be due to the fact that for there to be a claim, there must be probate assets. Probate assets are only assets in the decedent's sole name (not jointly with someone else), or assets, like life insurance, only if the policy has no named beneficiairies. If the policy names the current wife only, the proceeds are not part of the probate estate. Joint assets are not part of the probate estate. So, there may be no assets to which your child can make a claim.