Legal Question in Wills and Trusts in New York

Re: Wills+intestate

Any child, conceived in wedlock or out, can challenge a Will. The challenge has to be based on legally established standards; lack of capacity, undue influence, etc.

A parent has the right to provide by Will to exclude a child.

Support is a different matter; there is always an obligation to support a child, at least during minority.

Re: Wills+intestate

I agree with Norman, but add the following. While a child can be disinherited, typically the child is still mentioned in the Will, if only to confirm the disinheritance. If the Will says nothing, a child has rights by statute, both as an omitted child and under the intestacy laws. I suggest suit under both theories: to be included as an omitted child, or an actual contest to upset the Will as Norman stated. You must act quickly, as suits to upset Wills have short time limitations or they cannot be pursued. You should also ask to be included in the wrongful death action, but this may require a separate suit, to be joined in that proceeding.