§ 4-1.4 — Disqualification of parent to take intestate share

New York § 4-1.4

• Jurisdiction: New York
• Law EPT: Estates, Powers & Trusts
• Part 1: Rules Governing Intestate Succession
• Art. 4: Descent and Distribution of an Intestate Estate

Text

§ 4-1.4 Disqualification of parent to take intestate share\n (a) No distributive share in the estate of a deceased child shall be\nallowed to a parent if the parent, while such child is under the age of\ntwenty-one years:\n (1) has failed or refused to provide for the child or has abandoned\nsuch child, whether or not such child dies before having attained the\nage of twenty-one years, unless the parental relationship and duties are\nsubsequently resumed and continue until the death of the child; or\n (2) has been the subject of a proceeding pursuant to section three\nhundred eighty-four-b of the social services law which:\n (A) resulted in an order terminating parental rights, or\n (B) resulted in an order suspending judgment, in which event the\nsurrogate's court shall make a determination disqualifying the parent on\nthe grounds adjudicated by the family court, if the surrogate's court\nfinds, by a preponderance of the evidence, that the parent, during the\nperiod of suspension, failed to comply with the family court order to\nrestore the parent-child relationship.\n (b) Subject to the provisions of subdivision eight of section two\nhundred thirteen of the civil practice law and rules, the provisions of\nsubparagraph one of paragraph (a) of this section shall not apply to a\nbiological parent who places the child for adoption based upon:\n (1) a fraudulent promise, not kept, to arrange for and complete the\nadoption of such child, or\n (2) other fraud or deceit by the person or agency where, before the\ndeath of the child, the person or agency fails to arrange for the\nadoptive placement or petition for the adoption of the child, and fails\nto comply timely with conditions imposed by the court for the adoption\nto proceed.\n (c) In the event that a parent or spouse is disqualified from taking a\ndistributive share in the estate of a decedent under this section or\n5-1.2, the estate of such decedent shall be distributed in accordance\nwith 4-1.1 as though such spouse or parent had predeceased the decedent.\n