2013 New York Consolidated Laws
EPT - Estates, Powers & Trusts
Article 4 - DESCENT AND DISTRIBUTION OF AN INTESTATE ESTATE
Part 1 - (4-1.1 - 4-1.6) RULES GOVERNING INTESTATE SUCCESSION
4-1.4 - 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 if the parent, while such child is under the age  of
  twenty-one years:
    (1)  has  failed  or refused to provide for the child or has abandoned
  such child, 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; or
    (2)  has  been  the  subject of a proceeding pursuant to section three
  hundred eighty-four-b of the social services law which:
    (A) resulted in an order terminating parental rights, or
    (B) resulted in an order  suspending  judgment,  in  which  event  the
  surrogate's court shall make a determination disqualifying the parent on
  the  grounds  adjudicated  by the family court, if the surrogate's court
  finds, by a preponderance of the evidence, that the parent,  during  the
  period  of  suspension,  failed to comply with the family court order to
  restore the parent-child relationship.
    (b) Subject to the provisions of  subdivision  eight  of  section  two
  hundred  thirteen of the civil practice law and rules, the provisions of
  subparagraph one of paragraph (a) of this section shall not apply  to  a
  biological parent who places the child for adoption based upon:
    (1)  a  fraudulent  promise, not kept, to arrange for and complete the
  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.
    (c) 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.