My father never married my mother. Can I inherit from him if he died without a Will in New York?
Full Question:
My parents were never married, and my father had been providing us support under an agreement. He had married another woman and had children from that marriage. My father passed away a few months back, and had not left behind a Will. We live in Adams Center, New York. Can I inherit a share of my father’s estate because he was supporting us, and had always considered me as his son?
01/16/2017 |
Category: Wills and Estates |
State: New York |
#30287
Answer:
A non-marital child will inherit from his father if an order of filiation declaring paternity is issued by a court of competent jurisdiction, during the life time of the father. The inheritance is also possible if the mother and father of the child have executed an acknowledgment of paternity, and filed the same with the district’s registrar in which the birth certificate is filed. The child may inherit form the father if the father had signed an instrument acknowledging paternity, and executed it as a deed before a notary public or other authorized officer.
A mere agreement obligating the father to support non-marital child will not entitle such a child to inherit from the father in the absence of an order of filiation or acknowledgement of paternity as set out in the statute.
Therefore, you may inherit from your father if a competent court has issued a filiation or your father had executed an acknowledgement of paternity as set out in the statute.
The relevant law is as follows:
(2) A non-marital child is the legitimate child of his father so that he and his issue inherit from his father and his paternal kindred if:
(A) a court of competent jurisdiction has, during the lifetime of the father, made an order of filiation declaring paternity or the mother and father of the child have executed an acknowledgment of paternity pursuant to section four thousand one hundred thirty-five-b of the public health law, which has been filed with the registrar of the district in which the birth certificate has been filed or;
(B) the father of the child has signed an instrument acknowledging paternity, provided that
(i) such instrument is acknowledged or executed or proved in the form required to entitle a deed to be recorded in the presence of one or more witnesses and acknowledged by such witness or witnesses, in either case, before a notary public or other officer authorized to take proof of deeds and
(ii) such instrument is filed within sixty days from the making thereof with the putative father registry established by the state department of social services pursuant to section three hundred seventy-two-c of the social services law, as added by chapter six hundred sixty-five of the laws of nineteen hundred seventy-six and
(iii) the department of social services shall, within seven days of the filing of the instrument, send written notice by registered mail to the mother and other legal guardian of such child, notifying them that an acknowledgment of paternity instrument acknowledged or executed by such father has been duly filed or;
(C) paternity has been established by clear and convincing evidence, which may include, but is not limited to: (i) evidence derived from a genetic marker test, or (ii) evidence that the father openly and notoriously acknowledged the child as his own, however nothing in this section regarding genetic marker tests shall be construed to expand or limit the current application of subdivision four of section forty-two hundred ten of the public health law.
(D) Repealed by .
(3) The existence of an agreement obligating the father to support the non-marital child does not qualify such child or his issue to inherit from the father in the absence of an order of filiation made or acknowledgement of paternity as prescribed by subparagraph (2).
(A) a court of competent jurisdiction has, during the lifetime of the father, made an order of filiation declaring paternity or the mother and father of the child have executed an acknowledgment of paternity pursuant to section four thousand one hundred thirty-five-b of the public health law, which has been filed with the registrar of the district in which the birth certificate has been filed or;
(B) the father of the child has signed an instrument acknowledging paternity, provided that
(i) such instrument is acknowledged or executed or proved in the form required to entitle a deed to be recorded in the presence of one or more witnesses and acknowledged by such witness or witnesses, in either case, before a notary public or other officer authorized to take proof of deeds and
(ii) such instrument is filed within sixty days from the making thereof with the putative father registry established by the state department of social services pursuant to section three hundred seventy-two-c of the social services law, as added by chapter six hundred sixty-five of the laws of nineteen hundred seventy-six and
(iii) the department of social services shall, within seven days of the filing of the instrument, send written notice by registered mail to the mother and other legal guardian of such child, notifying them that an acknowledgment of paternity instrument acknowledged or executed by such father has been duly filed or;
(C) paternity has been established by clear and convincing evidence, which may include, but is not limited to: (i) evidence derived from a genetic marker test, or (ii) evidence that the father openly and notoriously acknowledged the child as his own, however nothing in this section regarding genetic marker tests shall be construed to expand or limit the current application of subdivision four of section forty-two hundred ten of the public health law.
(D) Repealed by .
(3) The existence of an agreement obligating the father to support the non-marital child does not qualify such child or his issue to inherit from the father in the absence of an order of filiation made or acknowledgement of paternity as prescribed by subparagraph (2).
