In re Gilmore
New York Supreme Court, Appellate Division
87 A.D.3d 145 (2011)
- Written by Angela Patrick, JD
Facts
Roy Gilmore executed a will in 1996 leaving his entire estate to Angela Manning (defendant), one of his many children. Gilmore later learned that he had fathered two additional children, Andrea and Malverick Hofler (plaintiffs), with a woman who was not his wife. Both Hoflers were born before 1996. Shortly after Gilmore’s paternity of the Hoflers was confirmed, Gilmore died without changing his will. The Hoflers claimed that because Gilmore had not learned about their existence until after the will’s execution, they should (1) be treated as inadvertently omitted children and (2) receive a statutory portion of Gilmore’s estate under the rule providing for inadvertently omitted children born after a will’s execution. Because the Hoflers were born before Gilmore executed his will, the surrogate’s court rejected the Hoflers’ claim to Gilmore’s estate. The Hoflers appealed.
Rule of Law
Issue
Holding and Reasoning (Leventhal, J.)
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