Legal Question in Wills and Trusts in New York

non marital child rights to estate

I am the sole heir to my fathers estate.DNA has proven I am related to him.My attorney says I must wait 3 years from the date of his death for the estate to be transferred or paid out to me.True or not true??.I live in New York City.Thank you--name removed--


Asked on 6/21/07, 10:48 am

3 Answers from Attorneys

Norman Nadel Norman Nadel, Esq.

Re: non marital child rights to estate

The three year wait is a surprise to me.

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Answered on 6/21/07, 10:54 am
Michael Moberg Moberg & Associates

Re: non marital child rights to estate

I have never heard of it either. Ask him/her to cite a particular law to research.

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Answered on 6/21/07, 12:31 pm
Walter LeVine Walter D. LeVine, Esq.

Re: non marital child rights to estate

3 years is unusual, unless there are extensive estate tax problems, which can take up to several years to resolve. A simple estate, without extensive tax problems can be completed in a year or less. Sounds like you might be getting a run-around and I suggest you retain an attorney to protect your interests. Of course, if the estate is involved with federal or state death taxes, this might be legit, and you have provideed insufficient facts to make this determination. Thus, you should contact a local attorney either way.

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Answered on 6/21/07, 2:26 pm


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