Legal Question in Wills and Trusts in New York
Rights of illegitimate child
I am 60yrs. old and have a 1/2 brother. My father was never married to my mother and now his deceased. I am not acknowledged by my father's family. Do I have any rights to any property/income from his estate if his wife is deceased?
2 Answers from Attorneys
Re: Rights of illegitimate child
Unless you can establish your parenthood, you have no rights. It depends upon whether he left a Will or died intestate (without a Will). In either event, you will have to sue for a share, and will need to establish parenthood. If you cannot establish parenthood, you will have a hard time proceeding on your claim, if he never acknowledged you.
Re: Rights of illegitimate child
As his natural child you would be entitled to share in his estate, unless he had a will that does not provide for you.
However, you will have to establish that you are his biological child. This could be difficult, if not impossible, to do.
If your father's estate is in NY, and if you should decide to move forward, please feel free to contact me.
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