If You Die Without A Will

       If you die without a will, the property in your name in most instances will be distributed among your family members, and perhaps not exactly the way you prefer.  According to the law, if you are survived by:

• spouse and descendants, your spouse takes the first $50,000 and one-half the balance of the property, and the descendants share the rest.
• spouse but no descendants: spouse takes all.
• descendants, no spouse: descendants take all.
• a parent or parents, no spouse, no descendants: the parent or parents take all.
• parents' descendants but none of the closer relatives: the parents' descendants take all.
• one or more grandparents or their descendants, but none of the closer relatives: half goes to the maternal side and half to the paternal (but not including second cousins if you have any first cousin on either side).

* where "descendants" includes a mix of generations, living children take a full equal share, and children of predeceased children then divide equally the combined shares of all their deceased parents.

      For example, if a person dies leaving a spouse and two children and $100,000.00, the spouse will get $50,000 plus $25,000 and the children will each receive $12,500.00.

      In order to have this money distributed, a proceeding called "administration" is usually required.  A person, usually a spouse or relative, files a petition in the Surrogate Court in the county where the person resided at the time of their death asking that they be appointed "administrator" of the estate (the property left behind) of the person who died.  If the court is convinced that all the necessary parties have been informed of the request and that the information in the petition is complete and correct, it may appoint the person as administrator who can then pay all the debts of the person who died and later distribute the remaining property to the heirs according to the law.

        We handle administration proceedings in Surrogate Court.  Our fee depends on the size and complexity of the estate.  Call us if you have any questions or if you would like to discuss a case.

 Note:  The statements above, which are based on New York law, are intended to inform, not to advise.  You should consult an attorney before making decisions in this area.      

© Copyright, 2005.  José Luis Torres, Esq.  All rights reserved.  No part of this document or any web pages may be copied without the express written 

consent of José Luis Torres, Esq.