If you have not created a will, the law has a specific process for deciding what happens to everything you own after you pass away. While many people just assume that their spouse or children will automatically inherit everything, this isn’t always the case. New York’s intestacy rules can become more complicated than most expect, especially if you have a blended family, estranged relatives, or property located in different places. While it can feel uncomfortable to think about end-of-life planning, the truth is, you don’t want to die without a will. Continue reading and reach out to a knowledgeable Buffalo estate planning lawyer from Raimondo & Sundquist, LLP to learn more.

What does it mean to die without a will?

Dying without a will is legally referred to as dying intestate. When this happens, New York’s intestacy statute controls who receives your property, rather than your personal wishes. The Surrogate’s Court oversees this process, and the law decides who qualifies as your legal heirs. Some important points that apply under New York’s intestacy law are as follows:

  • The state determines your heirs using a specific legal order
  • You have no control over who manages your estate
  • Non-relatives generally cannot inherit unless legally adopted or married
  • Domestic partners may not automatically inherit

This means that assets you assumed would pass directly to certain people might end up divided in an unexpected way.

Who inherits first if there is no will?

The law follows a priority order when deciding who receives what, and the specific shares depend on which family members survive you. In most cases, your property could be distributed as follows:

  • If you have a spouse but no children, your spouse usually inherits everything
  • If you have a spouse and children, your spouse receives the first portion of the estate and a percentage of the remainder, while your children divide the rest
  • If you have children but no spouse, your children inherit equally
  • If you have no spouse or children, parents or siblings may inherit

Every family looks different, so the law’s order of priority might not match your personal wishes, which is why it is helpful to have a plan in place rather than rely entirely on intestacy rules.

How can I best avoid intestacy issues?

Fortunately, you have several options to make sure your property is transferred according to your goals instead of relying on default legal rules. A properly drafted will is often the simplest solution, but other planning tools may also be appropriate depending on your assets. Some of the most common strategies are as follows:

  • Creating a valid New York will
  • Using trusts to control how assets are managed
  • Naming beneficiaries on accounts such as life insurance or retirement plans
  • Updating your plan after major life events

Though estate planning can feel overwhelming at first, most people quickly realize how much security and peace of mind it provides. If you have additional questions or would like assistance with drafting your will, please don’t hesitate to contact Raimondo & Sundquist LLP for an initial consultation today.