Legal Question in Wills and Trusts in New York

Re: Last Will & Testament

You will have to examine the files in the Surrogate's Court where the Will was probated or an Administrator of his estate was appointed. This is the Surrogate's Court located in the County in which he resided at the time of his death. If the file discloses that diligent attempts were made to locate you and an advertisement was placed in the paper for that purpose, then your rights have probably been extinguished. If no such effort was made, then you have rights to contest the Will, if any, or if there was no Will, claim the entire inheritance.

Re: Last Will & Testament

I agree with Norman that further investigation is required, to determine if at this late date you can assert your claim. Interestingly, you mention that the entire estate went to his "youngest sister". Did he have other siblings? Did his sister get the estate by Will or Administration? If by Will, did he acknowledge in it you were his daughter and were being disinherited (there is no requirement that a child automatically inherits from a parent), or fail to mention you at all? Had he previously acknowledged you as his child (e.g., was his name on your birth certificate as the father)? This information, plus what Norman indicated, is needed for a complete response. Contact me directly if you have questions.