Legal Question in Family Law in New York
child support
My parents separated when I was very young and later on divorced. My father was awarded custody and my mother left me at 12 years old. She inherited a home from a friend. It was stipulated in his will that the house would go to my brother & I if she was deceased at the time. She has been living in this house with her boyfriend for 10 years now. I still have not seen or heard from her. I am now 30 and want to know if I have any legal rights to this home. And what can I do to make certain her boyfriend does not inherit the house. As the child she abandond, she should have certain obligations to me. Please advise as to the steps and/or procedures I can take to make sure the home does not go to anyone but her children. To add to my frustration, she has paid any child support nor has she taken on any other financial responsibilities. I am left with a substantial student loan and I feel it is only fair to protect any assets that I may obtain.
2 Answers from Attorneys
Re: child support
You are entitled to the home if it was specifically stated in a legal will. Also as a child if your mother doesnt provide for you in her will or if there is no will you are entitled to some of her estate under n.y. law called a right of election.
Re: child support
Since your mother's friend's will stated that the house would go to you and your brother ONLY IF your mother was already deceased at the time of his death, the house belongs solely to your Mom.
In NY there is no law that a parent must provide for her adult children in her will. (Right of Election pertains only to a surviving spouse not children). The only way you can inherit an interest in the house is if she dies without a will or "intestate". Otherwise she may "will" the house to her boyfriend or whomever else she pleases.
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