Is it legal to disinherit a child in New York State?
While disinheriting a child is allowed under New York, the unintended disinheritance of a child in a second marriage situation can have devastating life-long financial consequences. Many individuals believe that estate planning is only for those that are wealthy and want to limit estate tax liability.
Who is entitled to inherit an estate without a will in NY?
New York Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides the relationship of individuals who can inherit an estate of a decedent who died without a Last Will. The priority established in this statute begins with a surviving spouse and issue and continues through the family tree to great-grandchildren of grandparents.
Can adopted children inherit in New York State?
For children to inherit from their parents, New York State requires that there is legal parent-child relationship. In most cases this is not an issue but it’s not always clear. Adopted children will inherit just like a biological child. Foster children and stepchildren will not inherit unless they were legally adopted.
What happens to a non-marital child in New York State?
Children born outside of marriage, also called non-marital child, will inherit from a male Decedent if paternity is established Grandchildren will inherit only if their parent (the Decedent’s child) dies before the Decedent died. If the Decedent has no family at all, then the property will go to New York State.
What are my rights as a surviving child of a step-parent?
Once the surviving spouse has received the estate property, the surviving child has no rights or expectation regarding the estate of the step-parent since there is no blood-relation between them.
How can the law help you establish grandparent rights?
The Law Office of Stacy Sabatani, Esq. can help you establish grandparent rights Obtaining visitation or custody of a grandchild can be an uphill battle and, in order to successfully pursue a grandparents’ rights case, you will need experienced legal counsel to help you assert your rights.