What Happens When You Die Without A Will in New York?

What Happens When You Die Without A Will in New York?

Failing To Have A Will in New York Can Lead To Complex Problems

Having a thoughtful and carefully drafted will in place is a smart step for people of all income levels. It is impossible to know when an emergency will strike, and having a will can give you and your loved ones security for the future. Failure to have a will can lead to complex and unnecessary issues for your loved ones left behind.

If you die without a will in place, the distribution of your estate will go according to laws of intestate succession. This means your property may go to places and people you did not intend to inherit your estate. At Trotto Law Firm, P.C., we can help you control what will happen to your hard-earned estate by drafting appropriate documents and plans.

New York Intestate Laws And Your Estate

If you do not have a will and pass away, this is intestacy. Dying without a will means the state will have the right to decide what will happen to your property. New York laws determine how this process will work, and the basic outline for this process is as follows:

  • If married person dies without a will, the spouse inherits everything if there are no children.
  • If there is no spouse, the children will inherit everything left behind.
  • If there are both a spouse and children left behind, your property will be allocated between your spouse and children.
  • If you are not married and do not have children, members of your extended family will inherit your assets.
  • In blended families, such as second marriages with adult children, wills and trusts are essential to prove your wishes after death when a spouse needs to be cared for, as well as adult children of previous relationships.

These are examples of how impersonal laws can dictate something so important for you and your family. Our lawyer understands the complexity of planning for the future, which is why he provides each estate planning client with personal and individualized counsel. Our goal is to help you draft a plan that will give you security and peace of mind.

Learn About Your Estate Planning Options Today

You do not have to wonder about updating your estate plan or drafting your will. Contact us to speak with an experienced attorney by calling 585-453-0040 or emailing our Rochester office. We offer initial case evaluations.

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