What is an Intestate Estate?An intestate estate consists of property from a deceased person that is not disposed of by their will. If there is no will, New York law steps in and divides and distributes the deceased's property to their heirs in a predetermined order.
Does New York Regulate Who has Priority Interest in the Intestate Estate?New York state law regulates which parties have priority interests in an intestate estate. The following is the general hierarchy involved in distribution of the intestate estate:
Spouse and ChildIf the deceased is survived by a spouse and children, the spouse receives $50,000 and one-half of the balance within the estate. The other half belongs to the children. If the deceased is only survived by a spouse, then the spouse has an interest in the whole estate. Meanwhile, if there is no surviving spouse and the deceased is survived by children, they will get the entire estate.
Parents
If there is no surviving spouse or children, then the whole estate goes to the deceased's parents.
Should I Seek an Attorney if I Have an Interest in an Intestate Estate?New York state law is specific in terms of who has an interest in the estate of someone who dies without a will. An experienced estate attorney will be able to help you receive your fair share of an intestate estate. Also your attorney will assist you in fulfilling the various requirements and conditions needed in keeping with state law. |
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