What happens if someone dies without a will and has no surviving relatives?
If someone dies without a will and has no surviving relatives in New York, the estate is known as an intestate estate. This means that the estate will be distributed according to a set of laws known as intestate succession laws. In New York, the laws surrounding intestate succession are found in the Estates, Powers, and Trusts Law. That law outlines how a deceased person’s estate is to be distributed if they did not have a will. Under New York’s intestate succession law, the estate is distributed in the following order of priority: First, the deceased person’s surviving spouse is entitled to the entire estate. If there is no surviving spouse, the estate is distributed to the deceased person’s children. If there are no children, the estate is distributed to the deceased person’s parents. If there are no parents, the estate is distributed to the deceased person’s siblings. If none of the above exist, the estate is distributed to the deceased person’s aunts and uncles, and then to any other relatives. If there are still no surviving relatives, the estate will be distributed to the state of New York. This means that the state will take possession of the deceased person’s assets, including real estate, money, and personal belongings. The state will use the assets to pay off any debts of the deceased and then distribute any remaining assets to the county in which the deceased lived. Ultimately, it is important to note that drafting a will is the only way to ensure that your estate is distributed according to your wishes after you pass away. Without a will, your estate will be distributed according to New York’s intestate succession laws.
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