Legal Question in Civil Litigation in New York

Can I sue my parents for my inheritance? I was visiting my parents for dinner when an argument broke out between them. As I was standing up to leave, my father tried to grab my wrist, but I pulled away saying, "Don't touch me". Enraged, my father stood up, waved a fist at me and threatened to punch me in the face for turning down his love for me (my father has always been emotional abusive and sometimes physically). I of course walked away and out of the house.

I am nearly 30 years old, one of the millions of Americans unemployed, and live in the apartment below my parents' house. I cannot take the abuse and control from my father anymore. Is there anyway for me to sue for my inheritance? He's always told me he has a lot waiting for me.


Asked on 4/22/12, 1:55 pm

1 Answer from Attorneys

Michael Haber Law Offices of Michael S. Haber

Your father's statements that he "has a lot waiting for me" creates no legal obligation whatsoever. He can leave you millions (if he has it) or he can leave you nothing. That's purely his decision.

You have no right to sue for "my inheritance." That is true for two reasons:

1. There is no "inheritance" until your father passes away.

2. Whe he passes away, if he has a will , he may freely disinherit you if he so wishes. If he were to die without a will, his estate would be distributed in accordance with the laws of intestacy; under those circumstances, you would be entitled to a share of his estate.

If you "cannot take [his] abuse and control," you should look to move out from under his roof.

Good luck to you.

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Answered on 4/24/12, 6:46 am


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