Estate

[candiedmom]

What is the name of your state (only U.S. law)? NY
I lived with a man for 5 years before he died and we have a child together, am I entitled to any part of the estate? Can the court order the estate to be liquidated, leaving us homeless?

 

[LdiJ]

What is the name of your state (only U.S. law)? NY
I lived with a man for 5 years before he died and we have a child together, am I entitled to any part of the estate? Can the court order the estate to be liquidated, leaving us homeless?

Your CHILD may be entitled to a portion of the estate, not you. Yes, its quite possible that is would be necessary for an estate to be liquidated in order to cover the obligations of the deceased and to carry out the deceased's will. Unless there is no mortgage on the home, it almost has to be sold even if your child is the sole heir.

Most likely you need an attorney to represent your child's interests.

 

[nextwife]

Was paternity ever legally established?

Is there a will?

Are there other heirs besides your child? Children from other relationships? Creditors? Is there a mortgage?

 

[Ohiogal]

Your CHILD may be entitled to a portion of the estate, not you. Yes, its quite possible that is would be necessary for an estate to be liquidated in order to cover the obligations of the deceased and to carry out the deceased's will. Unless there is no mortgage on the home, it almost has to be sold even if your child is the sole heir.

Most likely you need an attorney to represent your child's interests.

The home does NOT necessarily need to be sold. It depends on how it is titled, if there are other children involved and various other things.

OP, how many other children did this man have? Was this man listed on your child's birth certificate as the father? How is the house titled? How much of a mortgage is on the house? When did your child's father die?

The LAW in New York:

PART 1. RULES GOVERNING INTESTATE SUCCESSION

The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:

(a) If a decedent is survived by:

(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.

(2) A spouse and no issue, the whole to the spouse.

(3) Issue and no spouse, the whole to the issue, by representation.
**************.

Also this:

Est. Powers & Trusts § 4-1.2. Inheritance by non-marital children.
PART 1. RULES GOVERNING INTESTATE SUCCESSION

(a) For the purposes of this article:

(1) A non-marital child is the legitimate child of his mother so that he and his issue inherit from his mother and from his maternal kindred.

(2) A non-marital child is the legitimate child of his father so that he and his issue inherit from his father and his paternal kindred if:

(A) a court of competent jurisdiction has, during the lifetime of the father, made an order of filiation declaring paternity or the mother and father of the child have executed an acknowledgment of paternity pursuant to section four thousand one hundred thirty-five-b of the public health law, which has been filed with the registrar of the district in which the birth certificate has been filed or;

(B) the father of the child has signed an instrument acknowledging paternity, provided that

(i) such instrument is acknowledged or executed or proved in the form required to entitle a deed to be recorded in the presence of one or more witnesses and acknowledged by such witness or witnesses, in either case, before a notary public or other officer authorized to take proof of deeds and

(ii) such instrument is filed within sixty days from the making thereof with the putative father registry established by the state department of social services pursuant to section three hundred seventy-two-c of the social services law, as added by chapter six hundred sixty-five of the laws of nineteen hundred seventy-six and

(iii) the department of social services shall, within seven days of the filing of the instrument, send written notice by registered mail to the mother and other legal guardian of such child, notifying them that an acknowledgment of paternity instrument acknowledged or executed by such father has been duly filed or;

(C) paternity has been established by clear and convincing evidence and the father of the child has openly and notoriously acknowledged the child as his own; or

(D) a blood genetic marker test had been administered to the father which together with other evidence establishes paternity by clear and convincing evidence.

Even if there is a will that the child is not mentioned in, the child may inherit:

PART 3. RIGHTS OF FAMILY UNIT

(a) Whenever a testator has a child born after the execution of a last will, and dies leaving the after-born child unprovided for by any settlement, and neither provided for nor in any way mentioned in the will, every such child shall succeed to a portion of the testator's estate as herein provided:

(1) If the testator has one or more children living when he executes his last will, and:

(A) No provision is made therein for any such child, an after-born child is not entitled to share in the testator's estate.

(B) Provision is made therein for one or more of such children, an after-born child is entitled to share in the testator's estate, as follows:

(i) The portion of the testator's estate in which the after-born child may share is limited to the disposition made to children under the will.

(ii) The after-born child shall receive such share of the testator's estate, as limited in subclause (i), as he would have received had the testator included all after-born children with the children upon whom benefits were conferred under the will, and given an equal share of the estate to each such child.

(iii) If it appears from the will that the intention of the testator was to make a limited provision which specifically applied only to the testator's children living at the time the will was executed, the after-born child succeeds to the portion of such testator's estate as would have passed to such child had the testator died intestate.

(iv) To the extent that it is feasible, the interest of the after-born child in the testator's estate shall be of the same character, whether an equitable or legal life estate or in fee, as the interest which the testator conferred upon his children under the will.

(2) If the testator has no child living when he executes his last will, the after-born child succeeds to the portion of such testator's estate as would have passed to such child had the testator died intestate.

(b) The term "after-born child" shall mean a child of the testator born during the testator's lifetime or in gestation at the time of the testator's death and born thereafter. For purposes of this section, a non-marital child, born after the execution of a last will shall be considered an after-born child of his or her father where paternity is established pursuant to section 4-1.2 of this chapter.

(c) The after-born child may recover the share of the testator's estate to which such child is entitled, either from the other children under subparagraph (a) (1) (B) or the testamentary beneficiaries under subparagraph (a) (2), ratably, out of the portions of such estate passing to such persons under the will. In abating the interests of such beneficiaries, the character of the testamentary plan adopted by the testator shall be preserved to the maximum extent possible.