How does intestate succession work when there are multiple children?
When someone passes away without a will in New York, the distribution of their estate is governed by intestate succession law. When the deceased has multiple children, the estate is divided among the offspring and usually each child is given an equal share. However, if the deceased had one surviving child and the other offspring had died before, leaving their own children (the deceased’s grandchildren), then the deceased’s one surviving child will get two-thirds of the estate and the deceased’s grandchildren will share the remainder. If the deceased had no children, their parents will be the primary beneficiaries of the estate. If both parents have passed away, the estate will be divided equally among their siblings, if any exist. Grandparents may also be eligible to receive portions of the estate if the deceased does not have any siblings. If all of the deceased’s family members have died before, then the estate will be given to the State of New York. In this situation, it is always best to create a will as soon as possible, to ensure that your estate is distributed according to your wishes. This can be done with the help of an attorney, to ensure that all of the legal formalities are observed.
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