New York City and Long Island Intestacy Lawyers

Intestacy (Dying without a will)

If you write a will, you determine who receives your assets upon your death. If you don’t write a will, they intestacy laws in the State of New York will determine who will receive your assets.

Intestate Distribution

If you die without a will, you are considered to have died intestate. The following is a list of those persons who would inherit from you and the order in which they would inherit under intestacy:

  • Surviving spouse
  • Your children
  • Your grandchildren
  • Your father or mother
  • Your Brothers or sisters

If you die and you have a surviving spouse he or she is entitled to all of your assets and properties if there are no children. However, if you have children and a surviving spouse, the spouse gets the first $50,000 of your Estate and half of the balance. The rest of your Estate goes to your children. If there is no spouse and no children then all of your assets go to your parents. If you have no parents, to your brothers or sisters and if you have no brothers or sisters then to your grandparents. If you have no grandparents then to your aunts and uncles and if you have no aunts or uncles then to other family members.

In the event you had none of the aforementioned relatives all of your assets go to the State of New York.

Contact our New York Wills, Trusts and Estate attorneys at 1-800-344-6431, 516-561-6645 or 718-350-2802 for a free consultation. We respond to inquiries seven days a week. We are attorneys you can rely on to assist you with all types of issues regarding wills, trusts, estates and guardianships.