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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 54550
Experience:  29 years of experience practicing law, including tax and estate planning.
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What happens if you die without a will in nys

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What happens if you die without a will in nys
Submitted: 11 months ago.
Category: Estate Law
Expert:  J. Warren replied 11 months ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

When a person who dies without a will is said to have died "intestate" simply meaning without out will. When someone dies intestate State laws called "intestate succession" direct where and to whom the estate assets go.

The estate goes through an intestate probate. If there is a surviving spouse the spouse and no children the surviving spouse gets everything. If there are children the surviving spouse gets the first $50,000 then 1/2 of the remaining estate and the children get the other remaining half.

In general, if there is no surviving spouse but children, the estate passes to the children. If no spouse nor children, then to the parents of the deceased. If no children, no parents then to the siblings. If no children, parents or siblings then to the grandparents and if that they are not surviving then to aunts and uncles.

Bot***** *****ne is the property is based according to succession laws New York Estates, Powers and Trusts Law § 4-1.1 Descent and distribution of a decedent's estate - See more at: http://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-4-1-1.html#sthash.Rq9aybh8.dpuf.

The intestate succession is only probate assets. If for example property is held jointly with right of survivorship then the property transfers to the joint owner without passing through probate. This is also true is there is a payable on death account or designated beneficiary or a retirement account or life insurance policy.

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Expert:  J. Warren replied 11 months ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).

Customer: replied 11 months ago.
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Expert:  J. Warren replied 11 months ago.

I am not available for live phone call I will opt out so another expert can assist you.

Expert:  Richard replied 11 months ago.

Hi there. My name is ***** ***** I will be happy to discuss this with you further by phone. If you will request a phone call, I'll be happy to accept and talk with you.

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Richard replied 11 months ago.

I have extended the phone call option to you. You should receive it shortly.