Appellate Division of the Supreme Court of the State of New York June 14, 2011 (In re Gilmore)

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 NY 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.