What is Intestate Succession in New York?

What is Intestate Succession in New York?

One of the hardest experiences a person can go through is losing a loved one. To make matters worse, there are various matters that must be handled soon after the fact as well. When a loved one dies without a valid will, it is known as dying intestate. In these situations, it can be worrisome trying to figure out what happens to their assets. If you are facing a situation such as this, it is important to reach out to an experienced New York estate planning attorney for assistance during this time. 

What Happens When Someone Dies Intestate?

When a person dies intestate in New York, their assets can be controlled by the state. They are then distributed based on a succession schedule. This is as follows:

  • If the deceased had a spouse but no descendants, the spouse will inherit everything
  • If the deceased had children, but no spouse, the children will inherit everything
  • If the deceased had both a spouse and descendants, the spouse will inherit the first $50,000 of the intestate property and one half of the balance, while the descendants will inherit all that’s left
  • If the deceased had siblings but no parents, spouse, or descendants, the siblings will inherit everything
  • If the deceased has parents, but no spouse or descendants, the parents will inherit everything
  • Half-relatives, such as a brother with a shared mother but not a father, will have the same right to the inheritance as a sibling with whom share both parents

What are Children Entitled to if a Parent Dies Intestate?

When determining a child’s right to inheritance after a parent dies, it must be established that the individual is a legal child of the deceased. There are several situations in which a child’s right to inheritance is not clear such as:

  • Children conceived before the death but born after can receive a share of the inheritance if the child was in utero within two years of the death or was born within three years of it
  • Children placed for adoption and were legally adopted are not entitled to a share
  • Foster children and stepchildren that were never legally adopted will not automatically receive a share, though this does not mean they cannot overall
  • Children born through artificial insemination will receive a share of the inheritance, as long as the deceased agreed to the use of their genetic material after their death seven years before it happens
  • Grandchildren will only receive a share of the inheritance if the deceased’s son or daughter is not alive to receive it
  • Adopted children are entitled to inheritance just as biological children are

Contact our Firm

If you or a loved one needs assistance creating an estate plan and wish to speak with an experienced attorney, contact the Law Office of Andres D. Gil, PLLC today.

Explore More Of Our Practice Areas

Are you a service member or veteran of the U.S. Military?

We appreciate your service and we want to serve you! We proudly offer Free Consultations for veterans.

Get a Consultation

Send Us A Message

  • This field is for validation purposes and should be left unchanged.

Read Our Latest Blog Posts