Are You Aware of Intestate Rules Involved in Not Having a Will?

Intestate is a term which refers to the New York State rules which dictate who receives a person's assets when he or she dies without making a valid Will. Essentially, these laws divide the decedent's property according to well-established rules of inheritance based on blood relations, adoption, or marriage. It does not matter what a person may have wished for or promised while alive. If there is no valid Will, then the strict rules of intestacy determine who receives the decedent's property.

In New York State "distributees" are the persons who receive the decedent's estate in intestacy.  The order of priority generally is a spouse and children, parents and brothers and sisters.  However, these rules can be very complex and proof of kinship can be difficult. Intestate rules are important.

Of course, if a person wants to control who will inherit his or her estate they need to formulate and execute an estate plan.

Regardless of the size of an estate, individuals and their families benefit greatly from having a well-prepared estate plan consisting of documents such as a Last Will, Health Care Proxy, Power of Attorney and Living Will.

I have many years of experience working with and advising clients both with respect to issues regarding intestacy, the administration of estates and the creation and implementation of estate plans that express the client's personal desires regarding the disposition and protection of assets.

If you need help in these areas, come in to my office for a free consultation to discuss your options. To contact my office located in Manhattan call (212) 355-2575 or e-mail