• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Probate » New York Inheritance Laws for an Intestate Estate

New York Inheritance Laws for an Intestate Estate

August 4, 2016 by Anthony Moccia

New York inheritance lawsWhen you die, the assets you leave behind that make up your estate will likely need to go through the legal process known as “probate.” A number of important things occur during the probate process, which culminates with the distribution of your assets to the intended beneficiaries of your estate if you left behind a Last Will and Testament. What are the New York inheritance laws if you failed to leave behind a Will? What happens to your estate assets in that case? What else is different if you die without having a Will in place? The best way to ensure you understand the answers to these questions is to consult with an experienced New York estate planning attorney; however, some basic information may be beneficial to you as well.

Testate vs. Intestate Estates

First, it helps to learn the lingo. A “testate” estate is an estate where the decedent left behind a valid Last Will and Testament while an “intestate” estate is one in which the decedent failed to leave behind a Will. Each individual state has laws that dictate what will happen to the assets of an estate wherein the decedent died intestate.

New York Inheritance Laws

If you die intestate, the New York inheritance laws, or intestate succession laws, will govern the disposition of your entire estate as follows:

  • If you leave behind a spouse but no children, your spouse gets everything.
  • If you leave behind children but no spouse, your children get everything.
  • If you leave behind a spouse and children, the spouse inherits the first $50,000 plus half of the balance. The children inherit everything else.
  • If you leave behind parents but no spouse or children, your parents get everything.
  • If you leave behind siblings but no spouse, children, or parents, your siblings get everything.

As you can see, dying intestate means a number of important people  in your life may receive nothing from your estate. For example, you may have promised something special to a best friend who will not receive that gift. You might have a favorite niece or nephew to whom you planned to leave a college fund contribution but that gift won’t be honored either. Finally, if you have a charity that is close to your heart while you are alive you may wish to leave a contribution in your estate plan but that won’t happen either if your die intestate. Instead, the New York inheritance laws will distribute your estate assets exactly as mentioned above which brings up another problem with dying intestate – the potential need to sell assets. In order to create the distribution called for by the New York intestate succession laws your estate assets may need to be liquidated. For many people, this possibility alone is enough to make sure they don’t die intestate!

Contact Us

Please take a moment to download our FREE estate planning worksheet. If you have questions or concerns relating to the New York inheritance laws or the benefits of not dying intestate,  contact the experienced New York estate planning attorneys at the Law Offices of Kobrick & Moccia by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Anthony Moccia
Anthony Moccia
Anthony Moccia is an attorney and partner at The Law Offices of Kobrick & Moccia.His practice focuses on estate planning and elder law.He is a member of the New York State and Nassau County Bar Associations.He frequently presents free seminars on wills & living trusts to area residents and his seminars are said to be “informative, entertaining & easy to understand.”
Anthony Moccia
Latest posts by Anthony Moccia (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Do I Need a “Durable” Power of Attorney? - April 2, 2020
  • Joint Tenancy Pros and Cons - March 31, 2020

Filed Under: Probate

Other Articles You May Find Useful

Hauppauge probate attorneys
What Happens If an Estate Lacks Sufficient Assets to Pay All Claims
Harrison probate attorneys
Who Administers an Estate If There Is No Will?
Harrison probate attorneys
5 Reasons You Need an Attorney to Help You Probate an Estate
probate not necessary in New York
When Is Probate Not Necessary in New York?
Harrison probate lawyers
Probate Steps for the New Executor
Manson estate
Battle Over Control of Manson Estate Narrowed to Two

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

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

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

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

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.