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Dying Intestate in New York | What You Should Know

To learn what you should know about dying intestate in New York, please continue reading, then contact an experienced Rockland County will attorney.

What happens if you die intestate in New York?

New York state residents who die without writing a will create serious complications for their would-be heirs and survivors, resulting in extra legal costs, time and stress. You leave your survivors confused and open to contestation. If you die without writing a will, your estate will be distributed in the following order:

  1. If the decedent has a surviving spouse but no children or other descendants, the surviving spouse will inherit the entire probate estate.
  2. If the decedent has a surviving spouse and descendants, the surviving spouse will get the first fifty thousand dollars and the balance will be divided one-half to the spouse and one-half to the decedent’s descendants.
  3. If the decedent has no spouse and no children, the estate will be passed to his or her surviving parents.
  4. If the decedent has no surviving parents, the estate will be passed to the decedent’s surviving siblings.
  5. If the decedent has no surviving siblings, the estate will be passed to his or her grandchildren.
  6. If the decedent has no surviving relatives at all, the state of New York will inherit the estate.

You worked hard to acquire your property. As such, you probably have your reasons for not letting arbitrary laws and Fate dictate who will receive your property in the event of your death. In that case, you should retain the services of a skilled Rockland County wills, trusts and estates attorney to help you write a will.

How can you avoid dying intestate in New York State?

While you need not engage the services of a competent estate planning attorney – or any other legal professional – for the purposes of writing a will, you would be well advised to do so. He or she will make sure that you clearly and unequivocally express what property you include in your will, who will inherit each item of property as well as who will serve as the executor for your estate, the guardians of your children and the manager of your children’s property. Your attorney will also help ensure that the proper protocols and procedures are followed so that your will is legally-binding and as uncontestable as can be managed. Estate planning involves many moving pieces, which is why you benefit from hiring a professional who immerses him- or herself in such matters on a daily basis. Do not let chance decide who or what will inherit your property. Please give us a call today.

 

Contact our Firm

The Lauterbach Law Firm is proud to serve clients throughout Rockland County who are faced with legal matters related to estate planning, real estate, foreclosure defense, landlord-tenant law, business law, and criminal defense. If you require the services of an experienced team of attorneys, contact The Lauterbach Law Firm today to schedule a consultation.

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