EPTL § 4-1.4 Disqualification of parent to take intestate share
(a) No distributive share in the estate of a deceased child shall be
allowed to a parent who 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. Subject
to the provisions of subdivision eight of section two hundred thirteen
of the civil practice law and rules, this paragraph shall not apply to a
biological parent who places such child for adoption with a person or
agency based upon: (1) a fraudulent promise, not kept, to arrange for
and complete adoption of such child, or (2) other fraud or deceit by the
person or agency where, before the death of the child, the person or
agency fails to arrange for the adoptive placement or petition for the
adoption of the child, and fails to comply timely with conditions
imposed by the court for the adoption to proceed.
(b) In the event that a parent or spouse is disqualified from taking a
distributive share in the estate of a decedent, under this section or
5-1.2, the estate of such decedent shall be distributed in accordance
with 4-1.1 as though such spouse or parent had predeceased the decedent.”
A proceeding to disqualify a parent under this little-known statute comes at the unfortunate time where a parent outlives their own child. For a child to have amassed any assets usually means that there was a negligence suit of some sort and a positive settlement has been made on behalf of the child’s estate. Again, usually, this child dies without a will and one spouse will assert that the other parent had abandoned or failed to provide support for the deceased child during the course of his/her life. This is always an incredibly tough situation, and sadly it does happen.
The rationale behind the statute is admirable though. Why should a parent who has abandoned their child or failed to provide for them in their formative years be entitled to half of what the child had acquired throughout their life? Although admirable, the standards the legislature have set in the statute are not always as easy to prove as one would think.
The standard of abandonment stated above is also shrouded in case law. The takeaway is that the entire process always becomes highly fact specific. What does that mean for the potential client? Come in ready to have a tough, lengthy conversation. Above all: be honest with me. Even a white lie in these cases can prove highly detrimental down the road.
Losing a child is hard enough. If you ever find yourself in this situation please do not hesitate to reach out to us to begin a conversation.
