Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law
This answer was rated:

I just found out my father in New York died 2 months ago. I

was born and raised in...
I just found out my father in New York died 2 months ago. I was born and raised in Canada. I am a illigitimate child. He never acknowledged me legally and barely in my life. Never supported me. What are my legal rights?
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 44 minutes by:
10/13/2013
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,362
Experience: Retired (mostly)
Verified
Hello,

The law of the State of NY is as follows (Matter of Poldrugovaz, 50 AD 3d 117 (NY App. 2nd 2008)):

  • In a proceeding brought by a nonmarital child to establish inheritance rights pursuant to EPTL 4-1.2 (a) (2) (C), what standard of proof is to be applied to a pretrial request for posthumous genetic marker testing? Today we hold that a court may grant a pretrial motion for posthumous genetic marker testing when the applicant provides some evidence that the decedent openly and notoriously acknowledged the nonmarital child as his own, and establishes that genetic marker testing is reasonable and practicable under the totality of the circumstances. However, our holding should not be interpreted as altering the statutory standard of proof essential to the standing of a nonmarital child to assert inheritance rights under EPTL 4-1.2 (a) (2) (C), to wit: clear and convincing evidence of paternity together with proof that the alleged father openly and notoriously acknowledged the child as his own (L 1981, ch 75, § 1).

 

In plain English, you would need clear evidence, in a document or via credible witnesses, that your father acknowledged you as his child during your father's lifetime. If you can get the evidence, then the court can order a DNA test (assuming that your father's remains were not cremated).

 

The above represents the only way to prove you have any rights to your father's estate. The legal expenses related to the petition to the NY Surrogate's Court would be costly. You could expect to pay at least $5,000 to get the DNA order, and perhaps another $5,000 to actually exhume your father's remains, obtain the test information and deliver it to the court for judgment.

 

Consequently, unless the estate is large, there is little point in pursuing the matter. If the estate is large, and if you would like a link to a competent lawyer referral service, please let me know and I will be happy to provide.

 

And, if you need further clarification or assistance please let me know that, too.

 

Thanks for using justanswer.com!

socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,362
Experience: Retired (mostly)
Verified
socrateaser and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39,362
39,362 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
My wife has been designated the Administrator of the Estate
My wife has been designated the Administrator of the Estate of her late Brother Alex. She has 4 other sisters, one of whom has been in an institution since the age of 5 and is a Ward of the State of P… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
My wife is the Administrator of an Estate in PA, she has
My wife is the Administrator of an Estate in PA, she has four sisters - but one is is mentally handicapped and has been in a State Institution since she was five. Her Mom died with no will. Can the St… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Estate question. I am an Executor of an Estate. The person
Estate question. I am an Executor of an Estate. The person who's Estate I am administering was in the middle of administering her husband's estate with the assistance of her lawyer, when the Executor … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
How does the Executrix of an estate in Ga have to finalize
How long does the Executrix of an estate in Ga have to finalize distributions? Some of it went into a Trust, and she is also the Trustee—the estate's antiques are sitting in the deserted house now ove… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
Trust & Estate law question. California. A Revocable Trust.
The trust was for a person who passed away in 2007 but allowed one daughter to live there for two years which she instead lived their for ten years and in March sold the home. I am one of the beneficiaries but have not been notified on the progress of the payout or not given any details.… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
Would like to talk on phone with attorney about estate
Would like to talk on phone with attorney about estate matter, Arizona … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,051 satisfied customers
Can an executor resign before an estate is settled and how
Can an executor resign before an estate is settled and how is a new one named? … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
My brother is ececutor of my mother's estate. There are 4
There are 4 children and she had told me repeatedly that all was to be divided equally 4 ways … read more
Damien Bosco
Damien Bosco
2,992 satisfied customers
I have more estate issue: right to occupancy vs. life estate
I have more estate issue: right to occupancy vs. life estate and what it means if a tenant is renting outside the primary residence. The deed is set up 50% trustee (me) and 50% stepmom's trust. Trust … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
The attorney representing my brother's estate, no will was
The attorney representing my brother's estate, no will was left, was hired by my older sister.6 mnths. later he still has not returned my call. I was told since she hired him he did not have to call m… read more
socrateaser
socrateaser
Attorney
39,362 satisfied customers
This is a continuation from a previously asked estate
This is a continuation from a previously asked estate question regarding my Mother. So my mom left very little in terms of an estate but did leave a Will. At first glance she appeared to be insolvent,… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
Does CO Estate or CA estate law, since the home is located
Does CO Estate or CA estate law, since the home is located in California, require the home to have an appraisal at a required point in time after the death of the decedent whose home is in a trust?I a… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I am co-executor of an estate. My estate attorney and
I am co-executor of an estate. My estate attorney and co-executor had a private email followed by a phone call which I was unaware. Once I found out I asked for a copy of the email which was eventuall… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
Can a co-executor of an estate share emails from the estate
Can a co-executor of an estate share emails from the estate attorney to beneficiaries of the estate without the attorneys consent?… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
If an executor asks questions of the estate attorney, and
If an executor asks questions of the estate attorney, and sends those questions in writing, and asks for a response from the attorney in writing via email, Can the attorney refuse to respond? And use … read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I have an estate problem. The Estate is in New Jersey. There
There is an executor and co-executor of the estate. My brother is the other executor. There was a will stating the distribution ratios. My brother felt he wanted it all. I wanted the will to be distributed as stated. … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I am an administrator of an ill-liquid estate. The estate
I am an administrator of an ill-liquid estate. The estate has 1 asset a home worth 300k.There was/is a live in girlfriend of my deceased brothers who has nothing in writing about him leaving her the h… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x