In January 13, 2007, the father died survived by 11 children: three from the first marriage, four from the second marriage and four alleged non-marital children. The purported will was offered for probate benefits only one child from the first marriage, Angela Manning, who inherits the entire estate and named executrix.
Allegedly, in June 24, 1996, the deceded executed his will. In that he underwent a DNA tests in 2005 and 2006 which revealed that he is the biological father of the claimants who were born long before the execution of the decedent’s will. They claim that the only the non-marital children known or acknowledged after the execution of the will shall be presumed to be inadvertently disinherited as an after born child with whom the same right shall be extended.
Normally, a child is entitled to after born rights if born after execution of the will. There is no exception to this rule other than for a child adopted after the execution of a will, though born previously.
A New York Probate Lawyer said that the statute is unequivocal and thus creates a presumption for a testator who may have inadvertently omitted a child born after he executed his will. If he gave something to existing children and the after-born is neither provided for nor mentioned in the will and unprovided for by some settlement, the after-born shares in the gift to existing children . This statutes speaks of a child born after the execution of a will.
Jurisprudence provides otherwise but this was amended thereby stating that 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. Westchester Probate Lawyers said this took effect only after the death of the decedent but clearly that it supersedes all other laws.
The amendments restricts the non-marital childs entitlement to a non-marital child, born after the execution of a last will. Thus, this Court cannot deviate from the language of the law and cannot accord other meaning other than what the statute provides. The Court shall not exceed its authority beyond what the law provides. Thus, under the after-born statutes, claimants has no rights.
Who are to be directly benefited of the laws of the land? Long Island Probate Lawyers said the decedent leaving estate and survived by legitimate and illegitimate heirs, who amongst them shall be rightfully benefit from the properties? You need New York Probate Lawyers who are globally competitive to protect your claim. Here at Stephen Bilkis and Associates, you can stand before the co-heirs without turning back in shame. At the onset, New York Probate Lawyers, will make elaboration on your chances of winning in the litigation. This would prevent you from wasting money and effort in unwanted and pointless litigation that just add up to your anxiety.