QUESTION
How to legalize my great aunt as my mother
Asked on Nov 21st, 2017 on Family Law - New York
More details to this question:
I was raised by my great aunt from birth & my biological mom went back to Panama...Im 42 now & my mom needs to add me as head of her estate but because I was never legally adopted, it seems like I have no rights & my mom is concerned that if something happens to her, i will not be allowed access to all she left in my name..
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
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Lori Nevias, Attorney at Law
1 Award
Under New York law, anyone over the age of 18 and competent can be "head" of the estate (executor) of anyone else, if appointed in a properly drafted last will and testament. You don't have to be adopted to collect a bequest in a will, either, unless the bequest is only left to a class designated as "children" or "issue". In that case, you wouldn't collect unless you were adopted. But if the bequest is left to you by name, you will collect it. It all depends on the will being properly drafted.
Answered on Nov 21st, 2017 at 10:08 PM