What happens if someone dies without a will?

If someone dies without a will in New York, their estate will be distributed according to the intestate succession laws. These laws are determined by the state and establish the order of priority for who will receive the deceased’s assets and possessions. First, certain debts and taxes will be paid off. After debts are covered, the remaining assets will be divided either among the surviving spouse and children, or among the deceased’s father or mother and their siblings. If the deceased has no surviving spouse, children, parents, or siblings, the intestate succession laws provide for the property to be distributed to more distant relatives, such as cousins, aunts and uncles, grandparents, etc. In some cases, if no living relatives can be found, the property would go to the state. In intestate succession law, unmarried partners and stepchildren are not recognized as legal heirs in New York. For this reason, if the deceased was unmarried but had a partner or stepchildren, it is important to involve an attorney, as the assets will be distributed according to the laws of intestate succession. It is important to note that when someone dies without a will, the intestate succession laws are followed, and the surviving family members may not receive what they would have received had a will been in place. Therefore, it is recommended that everyone create a will to ensure that their assets and possessions are distributed according to their wishes.

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