Legal Question in Wills and Trusts in New York
Will I be automatically notified of estranged parent's death?
How much time from the date of death will I have to contest the will? Parent has ''dis-allowed'' a relationship of any kind. I am the ''only child'' in the sense that the two other children of this parent were adopted and raised by another person when they were little and are now middle-aged; never having a relationship with our mutual biological parent either. Will I have any more entitlement to parent's estate because the other two children were adopted by another person? How can I be ensured of knowing when they die in order to contest the will ''in time'' if need be?
Please address as much of the above as possible.
Thank you very much.
2 Answers from Attorneys
Re: Will I be automatically notified of estranged parent's death?
Find out the county and state where your parents reside and file a notice or caveat with the clerk of the court. In addition, check the obituaries every week. In Florida, you can do this on-line.
The 2 siblings have no claim to the estate as surviving children because they cannot be surviving children after the adoption. You are the only 'natural heir'.
However, the parents have a right to dispose of the estate without providing for you.
It is best to contact them and establish a relationship. That will create a factual basis on which to challenge a will that does not provide for you.
Re: Will I be automatically notified of estranged parent's death?
You can file a "caveat" in the county where each of them lives. Ask the local clerk for a form.
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