N.Y. EPT. LAW § 4-1.2 : NY Code - Section 4-1.2: Inheritance by non-marital children
Search N.Y. EPT. LAW § 4-1.2 : NY Code - Section 4-1.2: Inheritance by non-marital children
(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.
(3) The existence of an agreement obligating the father to support the
non-marital child does not qualify such child or his issue to inherit
from the father in the absence of an order of filiation made or
acknowledgement of paternity as prescribed by subparagraph (2).
(4) A motion for relief from an order of filiation may be made only by
the father and a motion for relief from an acknowledgement of paternity
may be made by the father, mother or other legal guardian of such child,
or the child, provided however, such motion must be made within one year
from the entry of such order or from the date of written notice as
provided for in subparagraph (2).
(b) If a non-marital child dies, his surviving spouse, issue, mother,
maternal kindred, father and paternal kindred inherit and are entitled
to letters of administration as if the decedent were legitimate,
provided that the father and paternal kindred may inherit or obtain such
letters only if the paternity of the non-marital child has been
established pursuant to provisions of clause (A) of subparagraph (2) of
paragraph (a) or the father has signed an instrument acknowledging
paternity and filed the same in accordance with the provisions of clause
(B) of subparagraph (2) of paragraph (a) or 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.
« Prev
Descent and distribution of a decedent's estate
Up
RULES GOVERNING INTESTATE SUCCESSION
Next »
Disqualification of parent to take intestate share