In New York, you can add a child as a beneficiary in a will. However, it's crucial to note that when a child in New York receives more than $10,000 , whether through a will, life insurance, a personal injury settlement, or any other means, a petition for guardianship of the property must be filed with the Surrogate's Court.
If a child is bequeathed an amount exceeding $10,000 in a will and no guardian is designated in the will, a petition for guardianship must be submitted to enable the guardian to receive the inheritance on behalf of the child. Conversely, if a guardian is already specified in the will, the Surrogate's Court may approve the appointment of said guardian upon the will being admitted to probate.
If you plan to add a child in a will in New York, it's advisable to already name a guardian in the will so a separate petition for guardianship need not be filed. The court can approve the guardian once the will is admitted to probate. In this way, only one proceeding is required to be filed.
Should you need assistance in writing your will or filing for guardianship over a child to receive an inheritance, the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan, New York, NY. Call us at 212-233-1233 or email [email protected] to schedule a consultation.