In New York, parents have the legal right to disinherit their children. This means a parent can exclude a child from inheriting any part of their estate by either expressly stating the disinheritance in a valid will or by simply not making any provision for the child in their estate plan.

Key points about disinheritance of children in New York estates:

• No automatic inheritance rights for children: Unlike spouses, children do not have a statutory right to an elective share or forced portion of a parent's estate. A parent can legally leave a child out of their will without providing any inheritance.

• Valid will requirements: The disinheritance must be clearly stated in a will that complies with New York law (EPTL § 3-2.1). If the will is ambiguous or if there is suspicion of fraud, undue influence, or other improper conduct, a disinherited child may challenge the will in Surrogate's Court.

• After-born children protections: If a child is born after the will was executed and was unintentionally omitted, New York law (EPTL § 5-3.2) provides that the after-born child may receive a share of the estate, which is taken from other beneficiaries' shares. This does not apply to children known but not included at the time of the will's execution.

• Reasons for disinheritance: Parents may choose to disinherit children for various reasons, including estrangement, distrust, or to provide for other family members. While disinheritance is legal, parents sometimes use tools like trusts or "in terrorem" clauses to control how an inheritance is used or to discourage will contests.

• Spouses vs. children: It is important to note that New York law protects surviving spouses from complete disinheritance by granting them an elective share (usually one-third of the estate), but no such protection exists for children.

In summary, New York law permits parents to disinherit their children if they do so clearly and properly in a valid will, and children do not have an automatic right to inherit. However, disinherited children may have legal recourse if they believe the will is invalid or was procured through improper means.