Who Inherits If Someone Dies Without a Will in New York?

Answers from a Probate Lawyer in Forest Hills, NY – DeCandido & Azachi in Forrest Hills

In New York, if someone dies intestate, i.e., without a will, the law gives clear guidelines for what happens to their assets and property. A probate lawyer in Forest Hills, NY, explains the state’s intestacy laws, under New York Estates, Power and Trusts Law.

If Surviving Spouse But No Children

If the person who has died leaves behind a spouse, but does not have any children, then their spouse inherits all property and assets.

If Surviving Spouse and Children

If the deceased leaves behind a spouse and children, then the spouse will receive $50,000 from the estate and also half of the remaining portion. The other half is divided equally between the children. If the deceased had a child who has also died, but that child has children or other descendants, then those descendants divide the share of the deceased child.

If Children But No Surviving Spouse

If there are children but no living spouse, the entire estate is divided equally between the children. If one of the children is deceased but has left behind descendants, the share of that deceased child passes to their descendants.

If No Spouse and No Children

If there is no spouse or children, the entire estate passes to the parents, if they are still alive. If the parents are no longer alive, then the estate is split evenly among the siblings of the deceased, or, if they have died, their descendants.

If Only Distant Family

If the deceased has no surviving spouse, children, parents, or siblings, then the law states that the estate goes to more distant relatives, such as grandparents, aunts, uncles, or cousins. The law gives a specific order of priority to distant relatives.

If No Family

If no relatives of the deceased can be found, then the entire estate may escheat. Escheat is the legal process by which property and assets revert to the state if there are no legal heirs or claimants. It is considered a last resort, with the purpose of making sure that property does not become abandoned or lost in legal “limbo.” It is the state’s way of tying up loose ends when there is no one to take ownership.

Cash or other liquid assets revert to the unclaimed property fund of the state. Real property, such as land or a house, may be sold and the proceeds given to the state. Even after escheat, the funds are held indefinitely by the state, so that if a legitimate heir is found later and can prove their claim (such as with a birth certificate), the assets can be recovered from the unclaimed funds pool. Interest is not generally added to unclaimed funds.

If you are facing a situation where someone you know has died without a will, reach out to DeCandido & Azachi in Forest Hills, NY for a free legal consultation.

Posted in Wills and Trusts | No Comments »