Legal Question in Wills and Trusts in New York

My sister put her son up for adoption when she was younger. After many years she made contact with him in 2009 and has developed a relationship with him.
My mother had made up her will many years ago, and it did not include this "grandson". As it stands now, her will says that it should be divided in 5ths. Her children will receive 1/5th each, and 1/5th will be divided amongst the grandchildren. At the time she wrote the will, she did not include the son my sister gave up for adoption. She is aware that my sister has made contact with him, and she is planning on meeting him soon.
My mother is 90 yrs. old, and I am not sure she has thought of what it means to have another grandchild come into the picture at such a late date. Does he have a legal claim to the 1/5th of the estate being left to the grandchildren?
Thank you.
P. V.

Asked on 2/26/10, 5:24 pm

Locksley Wade Law Office of Locksley O. Wade

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An adoption severs all prior parental rights and the new parental rights are now with the adoptive family.

Answered on 3/04/10, 4:28 am

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