Legal Question in Wills and Trusts in New York

Re: names on will

Painful as it may appear, the signer of the Will is in complete control of selecting his or her beneficiaries. The only person protected by law is the surviving spouse. The unnamed child will receive a Citation (a notice to appear in the proceedings) in connection with the probate of the Will.

Re: names on will

If the person left out feels it was a mistake or fraud or undue influence or mental incapacity that caused them to be left out, they can object to the will on that basis.

Otherwise, they do not get anything.

Re: names on will

While I agree with the other authors, some facts may be missing. For example, young parents may name their first child and not revise the Will after additional children are born. Many times the word "issue" is used that would include after-born children. Are you an acknowledged child who was not mentioned at all? This may allow you to contest the Will on several grounds, including incapacity and/or undue influence. Did the parent otherwise provide anything for you, such as life insurance, joint or POD bank or brokerage accounts, or provide for you during the parent's lifetime by gifts? As I said, more facts are needed to properly respond to your question.