Legal Question in Wills and Trusts in New York
Fathers Will
My father died when i was 5 years
old, I will be turning 20 in less then a
week. When he died his will said he
had no children, but he himself
signed papers stating he was my
father and signed by birth certificate.
He left a house on Long Island that
went to his Sister due to his will
stating he had no kids. I just found
out about his will this morning and
was wondering if i could sue for the
house that should rightfully be mine.
My mother before she got very sick
talked to a lawyer years ago and he
said that the will was sketchy. What
should I/Could I do?
Thank you
2 Answers from Attorneys
Re: Fathers Will
There are a lot of questions that need to be asked. Was your father and mother married. Did your mother ever go to court to determine paternity.
What evidence do you have concerning paternity.
If you are the natural son of this man, and you/mother were never notified of this occurrence, you may have a right to go to court and have the house transferred over to you.
This needs a lot of investigation. If you would like, contact me immediately so that I can best determine the property way to proceed.
Re: Fathers Will
If the probate proceedings took place in New York you, or a person representing your interests, should have received notice of the filing of the Will with the Surrogate. Failure to serve notice gives you the right to reopen the proceeding and challenge the Will. If the Will is invalidated you would be entitled to your intestate share of your father's estate.
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