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MATTER OF GILMORE

2010-01270.

87 A.D.3d 145 (2011)

925 N.Y.S.2d 567

2011 NY Slip Op 5272

In the Matter of ROY GILMORE, SR., Deceased. ANDREA HOFLER et al., Nonparty Appellants; ANGELA MANNING et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 14, 2011.

Attorney(s) appearing for the Case

Frances M. DeCaro , Bronx, for Malverick Hofler, nonparty appellant.

Oshrie Zak , New York City, for Andrea Hofler, nonparty appellant.

Vishnick McGovern Milizio, LLP, Lake Success ( Bernard Vishnick , and Avroham Gefen of counsel), for Angela Manning, respondent.

Bee Ready Fishbein Hatter & Donovan, LLP, Mineola ( Donald J. Farinacci of counsel), for Carol Bonita Gilmore and others, respondents.

RIVERA, J.P., HALL and ROMAN, JJ., concur.

OPINION OF THE COURT

LEVENTHAL, J.

A parent in New York State is under no obligation to leave any part of his or her estate to his or her children (see McLean v McLean, 207 N.Y. 365 [1913]).1 However, to address situations where a child is inadvertently left out of a parent's will because such child was born after the will's execution, the Legislature enacted EPTL 5-3.2. In this appeal, the petitioners Andrea Hofler and...

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