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WILL THE FATHER OF A 35 YR.OLD MAN BE ENTITLED TO ANY MONIES AWARDED IN A MALPRACTICE SUIT FILED BY THE MOTHER...

January 12, 2017

Question

A 35 YR.OLD MAN DIES AS A RESULT OF MEDICAL MALPRACTICE. HIS MOTHER,WHOM HE LIVED WITH, FILES A SUIT. WOULD THE FATHER, WHO NEVER PAID CHILD SUPPORT AND WASN'T AROUND THROUGH THE YEARS, BE ELIGIBLE FOR PART OF THE AWARD ?

Answer

Assuming the son left no will, the father will be disqualified from receiving anything if he "has failed or refused to provide for, or has abandoned such child while such child is under the age of twenty-one years, whether or not such child dies before having attained the age of twenty-one years, unless the parental relationship and duties are subsequently resumed and continue until the death of the child." Estate Powers & Trusts Law s.4-1.4. Please note, Surrogate's court rules and procedures are extremely technical, so you need to sit down with the lawyer who settled the case to make sure this issue is addressed.

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