Weinstein & Randisi
Phone:585-310-1578
Toll free:800-768-1780

Resize the Content Text

How is property distributed if there is no will?

When a person dies in New York, many heirs are surprised to find that the person did not leave a valid will. This is known as a dying intestate. Intestacy can be a problem for heirs as they will not get certain items from the estate they might have been promised or were expecting. There are certain laws in the state that will be adhered to if there was not a will. While this is not an ideal situation, it is important to understand what the law says and have legal assistance throughout the process.

If a person dies without a will, the property will be distributed after debts, expenses for estate administration and funeral costs have been deducted. Under the law, descendants are referred to as "issue." If the decedent was married and there was issue, the spouse will receive $50,000 and half of what was left in terms of residuary estate, known as residue. The rest will go to the descendants. If there was a spouse and no issue, the entirety of the estate goes to the spouse. If there was no spouse, but there was issue, the entire estate will go to the issue.

If one or both parents are alive, there was no spouse and no issue, the entire estate will go to the parents. If there are issue of the parents, no spouse, issue or parent, the issue of the parents will get the estate. If there is no spouse and there is one or more grandparents or issue of the grandparents, half will go to the paternal grandparent(s). If neither is still alive, it will go to their issue with the other half going to the maternal grandparent(s). If neither is still alive, it will go to their issue. With great-grandchildren and no spouse or any other relatives, half will go to the great-grandchildren of the paternal grandparent(s); the other half to the great-grandchildren of the maternal grandparent(s).

An adoptive child has the right to have a distributive share and the right of succession in the estate. People who have a loved one die intestate might not know how the law views such a circumstance. It can be a complicated part of estate planning for the heirs and descendants to face. However, having legal help with estate administration is vital even if the person died without crafting a will.

Source: findlaw.com, "4-1.1 -- Descent anddistribution of a decedent's estate," accessed on Dec. 19, 2017

No Comments

Leave a comment
Comment Information
  • I wanted to write to say how pleased my wife and I were at your professional handling of our estate planning and preparation of new wills. We were put at ease by your visit to our home for an interview and were pleased that you listened to us and captured the things that we felt were important.

    --Robert and Christine Simonson, Fairport
  • In order to finalize the documents we came to your office and were greeted in a very professional manner and we could not have asked for finer service. We left with copies of everything we needed and feel very confident our needs have been met. Thanks again. We will surely recommend you should the opportunity arise.

    — Christine and Robert Simonson, Fairport
  • I have been working with Weinstein & Randisi for about two years now. Elizabeth Randisi, through a very thorough process, has helped my wife and me determine what is really important in our lives. Thus, we were able to draft a living will that reflected our most important values regarding our estate.

    --David and Ajia Cherry, Fairport
  • I would like to give a testimony for Elizabeth Randisi, an estate attorney with Weinstein & Randisi. Her knowledge of wills and estate planning was clearly demonstrated in her presentation to us. Realizing our need for a will, my husband and I went to see Elizabeth.

    --Kathy and Gary Gray, Webster
  • Filing for Medicaid is never an easy or fun process. However, working with the Weinstein & Randisi firm made the process simple and streamlined. We were able to obtain all files and records regarding Medicaid enrollment within a few days using specially prepared checklists and verbiage recommended by our assigned paralegal.

    --Ajia and David Cherry, Fairport
Awarded Top 50 Estate Planning Blog
Email Us For a Response

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Blog Feed

Blog

Weinstein & Randisi - estate planning

290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
Rochester Law Office Map

Map

Call us now for a free, 100% confidential consultation: