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. In this appeal, the petitioners Andrea Hofler and Malverick Hofler (hereinafter together the movants), who are nonparties in this probate proceeding, contend that they are the nonmarital, biological children of the deceased *147testat…