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This entry was published on 2014-09-22
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Disqualification of parent to take intestate share
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 4, PART 1
§ 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.