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Intestate Rules

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. A New York City intestate rules lawyer can explain the rules that may apply.

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.

Reference should be made to the Estates, Powers and Trusts Law Section 4-1.1 entitled "Descent and distribution of a decedent's estate."  This statute provides the priority list for estate inheritance.  One interesting part of the law is that where a decedent is survived by a spouse  and children, the spouse receives the sum of fifty thousand dollars along with one-half of the balance of the estate. The New York State estate laws tend to protect a surviving spouse.

Of course, if a person wants to control who will inherit his or her estate they need to formulate and execute an estate plan. An intestate rules lawyer in New York City will emphasize the importance of taking this step.

When a person decides to put into place a plan for an estate, the documents that are typically prepared include a Last Will and Testament, Health Care Proxy and Living Will.  Also, consideration should be given to preparing a Durable Power of Attorney and Living Trust.  This trust is also known as a Grantor Trust.  A person need to devote a considerable amount of time and attention to developing the documents that accurately and effectively reflect his intentions for health care and property disposition.

By creating documents for asset inheritance a person can avoid intestacy. Instead, the person's Will is filed with the Surrogate's Court for probate.  The probate proceeding provides the method by which a Court validates the Will.  

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.

As a New York City intestate rules attorney, 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 for an appointment with an intestate rules attorney in New York City.

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese