Legal Question in Wills and Trusts in New York
A person has a non-marital infant child who is currently in the custody of the child's mother. However, no legal custody has been granted. The father has both parents and three living siblings.
1. Who is first to collect his assets if he were to die intestate?
2. Generally speaking what is the best way to arrange for the non-marital child to inherit the brunt of the estate without the mother of the child receiving control of said assets?
2 Answers from Attorneys
Children born out of a marriage cannot inherit from the father absent a Will. You can get a Will naming anyone you want as the administrative of your estate with all proceeds to your child.
Q. 1. Who is first to collect his assets if he were to die intestate?
A. The Child. I have no idea where Mr. Wade received his information that "Children born out of a marriage cannot inherit from the father absent a will." I am presently working on such a matter that is before the Kings County Surrogate's Court.
Q. 2. Generally speaking what is the best way to arrange for the non-marital child to inherit the brunt of the estate without the mother of the child receiving control of said assets?
A. A trust, certainly a testamentary trust. A testamentary trust is a trust created after you die from the will.
Mike.
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