Port Washington, NY asked in Family Law for New York

Q: Can a mother legally take inheritance away from a 18 year old because they stole,snuck out and smoked as a minor

can inheritance(a big sum of money and land) be taken away from an 18 year old if they have committed crimes in the past?

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3 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: An 18 year old is an adult and as such an inheritance cannot be taken without a court order or a provision in the will to allow it.

Russel Morgan
Russel Morgan
Answered
  • New York, NY
  • Licensed in New York

A: Yes, you need to provide information to the court on why this needs to be done but this process can go through a lengthy probate. Who’s the inheritance from? I’d like to assist you in this case so feel free to call or email. You can also visit our website to view anymore details to estate planning.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
Answered
  • Brooklyn, NY
  • Licensed in New York

A: This question is not clear. Is the question whether a provision in a will giving the eighteen year old a big inheritance can be stricken, or is the question whether after probate and a payment awaiting the eighteen year old, can the parent somehow wipe the money and deprive the eighteen year old of it?

For pre-probate cases, that is a case involving a will that has not yet been probated because the testator has not yet died, the parent can strike any provision for a bequest to a child. In this nation, we talk about supporting our children, but we really do not. The Estates, Powers, and Trusts Law allows parents to pretermit a child giving him zero.

This is not the case where there is a check awaiting the child. No parent can take an adult child's property or money from that adult child without serious legal ramifications.

The asker can consult with an attorney for a more cogent response after explaining the facts.

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