Legal Question in Wills and Trusts in New York

will

my mother who had an affair with a

married man had a son my brother

who is now 19 years old my brothers

father is much older and not in good

health and has tryed desperately to

hide my brother from his family for

years. how can i insure that when he

passes away my brother will be

entitled to what he leaves his other

children? is it smart to ask his father

for a copy of his will or is my brother

automatically entitiled to what is left

how does that work?


Asked on 12/26/07, 1:55 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: will

You do not say if your brother has been acknowledged to be the son of this man. If he has been and there is no dispute as to the parentage, he may have rights. However, it is not absolute that just because one is a child, that he must be included in a Will or to share in the estate. A parent can always disinherit a child, for just about any reason, but should mention the child being disinherited in his Will. Failure to even mention the child could create rights, as an omitted child. I would not suggest asking for a copy of the Will, as this may open the door to disinheritance. Anticipate some litigation if your brother is not mentioned and you can prove parentage, but your brother could be successful. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

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Answered on 12/26/07, 10:43 am


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