What are the rules for probate when there is no will in New York? Answering this question is very important if you are thinking about creating an estate plan or if you do not have an estate plan in place but you want to make certain that your loved ones inherit when you pass away. If someone you care about has died and did not have a will, then it is also important to determine what happens to assets if the deceased person passed away without making his preferences known.
The Law Office of Michael Robinson, P.C. provides help in making an estate plan so your family is not left to go through the probate process without a plan in place for distribution of assets. Our legal team also provides representation in situations where someone you love has passed away and no advanced plans have been made for the distribution of assets. Give us a call at 585-374-5210 to find out more about how a Rochester, NY probate lawyer can help with the probate no will process.
What are the Rules for Probate No Will in New York?
If you die without a will in New York, the probate process still occurs. The court will appoint someone to serve as administrator, instead of you getting to select who the executor of an estate will be. The administrator is going to oversee the probate process and taking the necessary steps to facilitate the distribution of assets.
Because you will not have made your preferences known regarding who inherits your property, default intestacy law will determine what happens to your wealth. The specifics of exactly who is going to inherit your money and your property under New York intestacy law are going to vary depending upon what living relatives you have. Typically, the law tries to make sure the closest relatives inherit. This can include spouses and children or grandchildren. If you are not married and you don’t have any children or descendants, then intestacy law will dictate that the property you have left behind passes on to your parents, to siblings, or to other close relatives.
Intestacy law sets up a default determination for who inherits when you have not made plans for the distribution of your assets. You will lose control regarding who gets your property, and the division of your assets to heirs may not occur in the way you would have preferred. You should make a last will and testament or other estate plan so your assets can be distributed according to your preferences.
How to Make Sure Intestacy Laws Don’t Control the Transfer of Your Assets
You do not want intestacy law to determine what happens to the wealth that you have left for your loved ones. Failure to make an estate plan can make the probate process take longer, and can result in the probate process being much more expensive- especially if your family ends up fighting over assets.
You could be responsible for causing chaos and family fighting and the value of your assets could be reduced if they are not managed properly during the probate process or after your death. Your loved ones could experience a lengthy delay in inheriting and your assets may not be distributed in your preferred way. Without a plan, your assets could also be lost due to estate tax.
You do not want any of these undesirable consequences to occur so you should make an estate plan that, at a minimum, includes a last will and testament. You should also think about working with an estate planning lawyer to use other tools like trusts for asset protection and pay-on-death accounts or joint ownership to make it faster and easier for your heirs to inherit money when you are gone. If you work with an experienced attorney, your loved ones will not have to worry about probate if there is no will.
Getting Help from A Rochester, NY Probate Lawyer
The Law Office of Michael Robinson, P.C. can provide invaluable assistance with taking control over how your assets transfer so your family does not have to cope with the probate no will process. We will work with you to make a comprehensive estate plan so you can determine what happens to your property using a last will and testament and other estate planning tools.
To find out about what you can include in your estate plan, download our free estate planning worksheet. You can also give us a call at 585-374-5210 or contact us online to get personalized advice on making your comprehensive estate plan. Our legal team also represents families going through the probate process with or without a will, so give us a call for help with this process.
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