What Happens if You Die Without a Will in New York?

The purpose of writing a last will and testament is primarily to control who gets your assets after you pass away. Who should inherit your house? Who should inherit your money? Who do you not want to get anything? But what happens if you die “intestate” – that is without a will? Some people mistakenly assume that, if you die without a will, the State will seize your assets. However, if close relatives can be located, the assets will not go to the state. If a person dies without a will and leaves behind close relatives, their assets will be distributed according to the state’s “intestate succession” laws. So, if you pass away without a will in New York, the State (and not you) will determine who will inherit your property.

Who Gets What if You Die Intestate in New York?

After a person dies intestate, their property is distributed to relatives according to intestate succession laws. In New York, the intestate succession laws are found in Estates, Powers, & Trust Law (EPTL) section 4-1.1. According to the t EPTL, what happens to your assets after you die without a will depends on who your living relatives are and the proximity of their blood relationship with you.

Here is a brief overview of how assets are distributed in New York when someone dies without a will;

• If the decedent has a surviving spouse and no offspring, the spouse gets everything. This scheme makes sense to most people.
• If the decedent has a surviving spouse and children, the spouse gets the first $50,000 and only one-half of the residue. The balance goes to the children. This scheme surprises most people because they assumes their spouse will inherit everything on their death.
• If the decedent has children but is not survived by a spouse, the children get everything. Most people can live with this plan.
• If the decedent doesn’t have a spouse or any offspring but is survived by their parent(s), the parents get everything. This surprises most people who think their siblings would inherit.
• If the decedent has siblings but is not survived by a spouse, children, or parents, the siblings get everything.

Interestingly, if a grandparent dies without a will and without surviving children, but with grandchildren, the grandchildren may step in and inherit in place of their parent.

Children’s Shares Under New York Intestate Succession Laws

In New York, for a child to inherit from their parent under the intestate succession laws, the state must consider them the deceased parent’s legal child. Surprisingly, whether a child and parent have a legal relationship may not always be clear. Below are some things to keep in mind:

• Adopted children receive an intestate share just as biological children do
• Stepchildren and foster children who were never legally adopted do not automatically get a share
• A child born after the decedent’s death is eligible to inherit
• Children born outside marriage can inherit from a male decedent if paternity is legally confirmed.
• Grandchildren only inherit if their parent died before the decedent (a grandparent) died.

Contact a Westchester or Putnam County Estate Planning Attorney

Intestate succession may not align with your plan for your assets and family. Creating a will can help ensure your wishes are honored. It can help avoid the pitfalls and frustrations that occur when someone dies without a will. If you’re ready to create a will, contact a skilled Westchester County estate planning attorney from the firm of Meyer & Spencer, PC. Call or text us at (914) 741-2288 to schedule a consultation in our Westchester County or Putnam County offices.

Source:

nysenate.gov/legislation/laws/EPT/4-1.1