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New York · Through 2026-09-11

N.Y. Estates, Powers & Trusts Law § 2-1.3: Adopted children and posthumous children as members of a class

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Where this section sits in the code
  1. Estates, Powers & Trusts Law
  2. Article 2. Rules Governing Dispositions Subject to This Law
  3. Part 1. Substantive Rules Governing Dispositions

§ 2-1.3 Adopted children and posthumous children as members of a class

(a) Unless the creator expresses a contrary intention, a disposition

of property to persons described in any instrument as the issue,

children, descendants, heirs, heirs at law, next of kin, distributees

(or by any term of like import) of the creator or of another, includes:

(1) Adopted children and their issue in their adoptive relationship.

The rights of adopted children and their issue to receive a disposition

under wills and lifetime instruments as a member of such class of

persons based upon their birth relationship shall be governed by the

provisions of subdivision two of section one hundred seventeen of the

domestic relations law.

(2) Children conceived before, but born alive after such disposition

becomes effective.

(3) Nonmarital children. For the purposes of this paragraph, a

nonmarital child is the child of a mother and is the child of a father

if the child is entitled to inherit from such father under section 4-1.2

of this chapter. The provisions of this paragraph shall apply to the

wills of persons dying on and after September first, nineteen hundred

ninety-one, to lifetime instruments theretofore executed which on said

date are subject to the grantor's power to revoke or amend, and to all

lifetime instruments executed on or after such date.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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