When an individual dies without a will, their property will pass to their heirs through a process called intestate succession. In these cases, New York law will step in and divide and distribute the deceased’s property to their heirs in a predetermined order.
If an individual has any questions regarding how the laws in New York work, they should consult with a local New York attorney.
Under the laws of New York State, an estate is divided into parties that have priority interests. The transfer of property after death without a will proceeds as follows:
Over one-half of adults in America do not have a will. Although it can be understandable that a 20-year-old individual does not have a will, it is harder to understand why older individuals do not.
In many cases, it is because an individual believes they do not have enough property to require a will. In other cases, it may be a type of avoidance, as they do not want to consider their death.
Some individuals may believe that creating a will may accelerate their death. The reason an individual dies intestate, or without a will, is typically never sufficient to justify the outcome.
At the most basic level, a will is a set of instructions that outlines what a testator leaves behind after they pass away. It is also one of numerous documents that, when taken together, create an estate plan that is designed to minimize estate taxes and ensure an orderly distribution of assets following the testator’s passing.
If there are minor children, an individual will also appoint a guardian for them.
A will ensures that an individual’s assets are distributed to the individuals and charities that they chose. Without a will, these assets will pass in accordance with the state intestacy laws.
It is important to note that there may be some assets that pass straight to named beneficiaries by operation of law. For example, this may apply to retirement accounts, life insurance returns, or property that is held jointly between the decedent and survivor.
In the State of New York, the surviving spouse of a resident who did not have a will inherits the entire probate estate if there are no children or other descendants. The surviving spouse will receive the first $50,000, and the remaining balance will be divided one-half to the spouse and one-half to the decedent’s descendants.
An intestate estate that is probated will pass to the descendants of the deceased individual if there is no surviving spouse. Instead, the probate estate will pass equally to the parents of the decedent if there is no spouse or if there are no descendants.
If the deceased individual did not have any surviving parents, their estate would be passed to their siblings or the children of a deceased sibling. It is important to note that half-siblings are treated the same as whole siblings.
The decedent might not have a surviving spouse, parent, sibling, or descendants of siblings. In that case, the probate estate will typically be divided between the deceased individual’s mother’s and father’s families. It will follow a specified order that starts with the grandparents on each family’s side and continues with collateral relatives as far out as the decedent’s first cousins once removed or the great-grandchildren of the decedent’s grandparents.
If there aren’t any relatives in these categories, the estate will escheat or pass to the State of New York.
To better understand the process, it may be helpful to examine examples of intestate succession in the State of New York. Consider the following example of Emily.
Emily passed away without children, and her husband and siblings all predeceased her. In her will, she left property to her brother’s three children, her nieces and nephews, to whom she was very close. However, she did not leave anything to her other sister’s three children.
Her residuary estate was left to The New York Community Trust to benefit elders in her community, a cause that was important to her. Without a will, Emily’s estate would have been passed to her nieces and nephews and divided equally among them.
Tom was an activist for the LGBTQ community. During his lifetime, he made generous donations to related causes as well as served on boards of numerous organizations that assisted LGBTQ youth in New York City.
When he considered making bequests to organizations, he was reluctant to choose one. In addition, drafting a will made him nervous.
He passed away at the age of 64 without a will. Tom’s estate passed to his only intestate heir, his half-brother Josh, who lived in another state.
Tom and Josh had not spoken in many years after New York legalized same-sex marriage, which Josh opposed. Because Tom died intestate, he missed his opportunity to create a fund at the New York Community Trust to help LGBTQ youth in New York.
Because he did not have any surviving family members, his probate estate escheated to the State of New York.
William’s will provided that his estate should pass to a trust for his French wife and that, at her death, any of the remaining balance was to pass to the New York Community Trust. His wife was able to withdraw the trust principal.
At the time of her death in France, the wife had fully expended the trust. Several years following her death, a relative’s will left an asset to Wiliam, who had passed away years earlier.
The state law provides that because the wife had passed and no living heirs were identified, the property passed to her outright and should be escheated to the state. Apparently, William’s intent was to provide for The New York Community Trust, but part of the assets were paid to the state.
Well-executed estate plans, while including a will, are essential for any individual who owns a business, has unusual assets, wants to provide for a charity, or has a family member who has special needs. No matter how large or small an individual’s estate, having an estate plan will help ensure that their wishes are fulfilled when they pass away.
If your loved one or relative passes away without a will, you may have specific rights under New York state laws. A New York will lawyer can help you ensure you receive your proper share of an intestate estate.
In addition, your lawyer will help you fulfill the various requirements and conditions under state law. Your lawyer will also inform you if there is a legal basis to challenge or request property under a will.
If you do not currently have a will, your attorney will help you create one in addition to other documents in your estate plan. Your lawyer can help you identify your assets, such as insurance policies and retirement accounts, family members, and other parties, such as charities, that you would like to benefit.
It is also important to consider beneficiary designations on your accounts. Your lawyer can help ensure that all of your accounts and estate plan documents are properly executed and valid under the law.
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