2006 New York Code - Disqualification Of Parent To Take Intestate Share



 
  § 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.

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