Are there any restrictions on who can receive assets from an intestate estate?

Yes, there are restrictions on who can receive assets from an intestate estate in New York. Intestate succession law is the law that determines who receives assets from an estate when no will is present. In New York, a certain order of relatives are eligible to receive assets from an intestate estate. These relatives include a decedent’s spouse, children, grandchildren, parents, siblings, uncles, aunts, and cousins. Further, if no living descendant is present, assets will be inherited by the surrounding family in a specific order. If there is no living descendant or qualifying family member, then assets will be transferred to the State of New York. Additionally, minors may not inherit assets from an intestate estate in New York, as minors cannot manage the estate on their own. This means that minors must have someone appointed to manage the estate on their behalf, such as an adult relative or a court-appointed guardian. Any assets that are inherited through intestate succession must be distributed or transferred according to New York law. This means that any attempt to give away or transfer assets without following a decedent’s wishes may be overruled by the courts. Therefore, it is important to understand and follow the laws of intestate succession in New York if you wish to inherit assets from a decedent’s estate.

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