Legal Question in Wills and Trusts in New York

If no will

My father recently passed away in NY and I am the 7th child of my father. He has 3 children from a1st marriage and three from his legal wife and there is me out side the marriage. Him and his wife have lived in seperate states about 20 yrs. I personally know that he had assests such as royalties and a bank CD. This year he put his name on my birth certificate so there would not be any issues as he said. I really don't know where to start or where I stand.


Asked on 10/09/08, 4:17 pm

2 Answers from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: If no will

If your father died without a will then you would stand in an equal position with the other children. However, being an out-of-wedlock child you may have to jump through some hoops to prove your standing. If you father died with a Will, then everything depends upon what the Will states.

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Answered on 10/09/08, 5:40 pm
Anthony Park Anthony S. Park, PLLC

Re: If no will

You should first check if anyone has begun an estate proceeding excluding you. If not, you can start the Court process yourself, where you may hit a few snags because you a non-marital child. For a more detailed response, please feel free to call my office for a brief complimentary consultation by phone.

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Answered on 10/09/08, 6:19 pm


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