How do state laws determine who is considered a surviving relative?

In New York, state laws determine who is considered a surviving relative when some dies without a will, which is known as an intestate estate. When someone dies intestate, state laws, which are also known as intestacy laws, determine who can inherit assets. Generally, surviving relatives are defined as any individual related to the deceased by blood, adoption, marriage, or legal contract. This means that, in the state of New York, surviving relatives include any of the following: spouse, children, parents, siblings, aunts, uncles, and cousins. Under the New York Estates, Powers, and Trusts Law, surviving relatives are entitled to the deceased’s property in order of priority. For example, a spouse is usually the primary beneficiary and if there is no surviving spouse, the property passes to the deceased’s children. If the deceased had no children or surviving spouse, the property is distributed to the deceased’s parents or siblings. If there are no surviving relatives, the property is generally awarded to the state or to any charitable institutions the deceased may have specified in their will. Additionally, some individuals may not be legally considered as surviving relatives even if the deceased had a close relationship with them. This includes any person who was unmarried and not related to the deceased by blood or adoption, or individuals who have been legally disinherited. Intestate succession laws are essential in ensuring that the deceased’s assets are distributed fairly and in accordance with their wishes. It is important to understand who is considered a surviving relative in the state of New York to avoid any potential conflicts or disagreements between family members.

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How do state laws determine who is considered a surviving relative?

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