Legal Question in Wills and Trusts in New York
statute of limitations for contesting a will
I recently found out who my biological father is through by obtaining my birth certificate. My father is deceased. His brother(my uncle) was named as the beneficiary who is also now deceased. My uncle named his nephew as the beneficiary. The will went to probate. I have a brother who was incarcerated at the time of our father's death. My uncle at the time gave my brother $10,000 and had him sign a waiver-agreeing not to come back for any more money. Is it too late for me to contest this will since I recently learned that this man was my father too? My father passed in 1998-not too sure-don't have death certif. My father still has assets unclaimed.
2 Answers from Attorneys
Re: statute of limitations for contesting a will
It's never too late to contest a Will if you did not receive the notification the law requires be made. However, it is one thing to contest a Will and another to prevail.
If there was no Will then you would stand to inherit. That means that you will have to show that the Will was invalid and that there was no prior valid Will. That's tough to do.
Your father had the absolute right by his Will to exclude you from inheriting.
On the other hand, you may have a claim against his estate for failing to provide financial support for you while you were a child, but that claim is probably time barred.
Re: statute of limitations for contesting a will
While I agree with Norman in part, other issues come into play. You do not describe, if you know, whether any parental rights of your biological father were ever terminated. Did you live with your mother? Was she ever married? If so, were you adopted by her husband? If so, the rights of your biological father may have been terminated as part of the adoption process. If this was done, you have no inheritance rights by law, unless you were named in a Will. A parent, in any case, can disown (not provide for a child), but this right is not absolute. For example, if a man is married and has a wife and children, he can give everything to his wife and exclude his children. It appears your biological father was not married at the time of his death, so part of the answer as to whether or not you have a right of inheritance depends upon whether or not your father's rights were ever terminated. Was there ever any support decree entered against your biological father, compelling him to suppoort you? If so, and the support payments were not paid, you may have a claim for back support. It is also possible that in exchange for no support, the parental rights were terminated. Finally, if you were an acknowledged child, and rights were not terminated, you might have a claim as an unnamed child. More facts are needed to give you a more specific answer. If you want to discuss this further, contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
