By The Law Firm of Figeroux & Associates

Dying without a will, or intestate, in New York State can leave your loved ones navigating a complex legal maze. At the Law Firm of Figeroux & Associates, we understand the emotional and financial toll this process can take. This analysis outlines the step-by-step consequences of intestacy and underscores the importance of proactive estate planning.

The Probate Process Begins
When someone dies without a will, the New York Surrogate’s Court initiates probate to oversee asset distribution. A court-appointed administrator (often a close relative) manages the estate. Unlike executors named in wills, administrators lack authority until formally approved by the court, which involves filing petitions, notifying heirs, and attending hearings. Delays here can stretch months, leaving families in limbo.

Intestate Succession Laws Dictate Asset Distribution
New York’s intestacy laws (Estates, Powers, and Trusts Law §4-1.1) prioritize spouses, children, and blood relatives:

• Spouses and Children: A surviving spouse receives the first $50,000 plus 50% of the remaining estate; children split the other 50%. If no children, the spouse inherits everything.
• No Spouse or Children: Assets pass to parents, then siblings, and extended family. If no relatives are found, the state claims the estate.
  Domestic partners and unmarried partners typically receive nothing unless legally recognized.

Complications of Intestacy

1. Family Disputes: Relatives may contest administratorship or asset splits, leading to costly litigation.
2. Guardianship Uncertainty: Minor children’s guardianship is decided by the court, potentially conflicting with parental wishes.
3. Tax Inefficiency: Without a will, estates may face higher taxes or miss out on tax-saving strategies.
4. Administrative Burdens: Heirs must locate assets, pay debts, and file extensive paperwork without clear guidance.

How Figeroux & Associates Can Help
Our firm guides families through intestacy challenges:

• Probate Navigation: We streamline court processes, minimizing delays.
• Dispute Resolution: We mediate conflicts to protect familial relationships.
• Estate Planning: Drafting wills, trusts, and healthcare directives ensures your wishes are honored.

Conclusion
Dying without a will surrenders control to the state and strains loved ones. The Law Firm of Figeroux & Associates empowers clients to secure their legacies. Contact us at 855-768-8845, visit www.askthelawyer.us or text 718-986-4362 to schedule a consultation. Let us help you turn uncertainty into peace of mind.