Probate Lawyer in Long Island: Dying Intestate

Share This Post

Probate Lawyer in Long Island: Dying Intestate

Love makes us do lots of weird stuff.  One such act of love is preparing a will. You assume that preparing a will before you die is going into the welfare of your loved one. If you do not leave behind a legal will for your dear ones, does it mean that your affection is less in any way? However, a word with a probate lawyer in Long Island suggests otherwise. Nonetheless, it only makes sense to pen down your last wishes in your will. 

Intestate Estate – Find A Probate Lawyer In Long Island

In probate terms, dying intestate means that a person dies without leaving behind a legal will. Though the absence of a will does not create chaos, it does call for a probate lawyer in Long Island. A probate lawyer will acquaint you with the probate process.  The death of your dear ones follows a series of trips to the court. A probate lawyer in Long Island can reduce the suffering to some extent.

The Probate Process For An Intestate Estate

An intestate estate goes through the following probate process.  Thus, you need a probate lawyer in Long Island to help you settle the probate proceedings.

Appointment Of A Legal Representative

The court nominates a legal representative, or an administrator or an executor to manage the intestate estate. The executor’s prime task is to locate the decedent’s assets and intestate successors.  Furthermore, the legal representative also executes the function of a caretaker of the decedent’s estate until it is handed over to the beneficiaries.  The administrator notifies all the creditors to file their claims within the stipulated period. In the meanwhile, the executor hires an appraiser who evaluates the value of the decedent’s estate. The executor pays the utility bills, taxes, expenses incurring from the funeral, and other outstanding bills. The executor reports the outcome of his efforts to the court, the probate attorney, and the beneficiary.

Probate Court Order

The court-appointed legal administrator investigates the entire legacy of the deceased.  Furthermore, the executor’s most challenging task is to substantiate the genuine heirs of the deceased’s estate.  Based on the reports of the executor’s, the court verifies the genuity of the deceased’s closest family members for becoming the legal heirs of the inheritance.  Furthermore, the probate court scrutinizes if the creditors are paid their outstanding dues.

Probate Lawyer In Long Island: Distribution of Intestacy Estate

According to Long Island law for intestate estate, the probate court distributes the estate mostly to the surviving spouse.   The distribution pattern of Long Island Intestacy Estate law is as follows:

  • The recipient of the first $50,000 goes to the surviving spouse.  
  • The balance estate is further equally divided between the spouse and the children, if any.  
  • However, in the absence of a spouse, the entire intestacy estate is inherited by the deceased’s descendants.
  • Furthermore, in the absence of both spouse and children, the intestacy estate is handed over to the decedent’s parents.
  • Nonetheless, if the decedent’s parents are not alive, and he never married or had kids, the decedent’s sibling or half-siblings will become the next heir.  The decedent’s sibling’s children are also entitled to the intestacy estate, in the absence of his lawful wife, real children, and parents.
  • In the absence of any spouse, children, parent, siblings, grandchildren, and relatives, the probate court passes the estate to the State Trust.  The court will pass judgment for the benefit of the State of New York.  The estate would be used for charitable purposes under The New York Community Trust.

A Probate Lawyer in Long Island: Need For A Will

If you have loved ones counting on you to secure their future even when you are not around, it would be best to consult a probate lawyer in Long Island to make a will within your lifetime.

Furthermore, it would be a good idea to keep updating your will based on your life’s significant events. Such events could include – marriages, the birth of children, death of a person named in your will, and so on.  

However, in the absence of your heir, you can donate your estate to a charity or pass it down to anyone you love.  Furthermore, a lack of a will, may not do much harm except for prolonging the probate period. 

Bottom Line

Considering that your will is your last wish.  It is always best to seek a legal person’s advice to ensure your estate goes to a person you want after you are no more.   You can count on a probate lawyer in Long Island for updated legal information regarding intestate probate.

More To Explore

Subscribe to our Newsletter

legal will Long Island lega lwill New York legal will NYC legal will Queens legal will Staten Island living trust Brooklyn living trust Long Island living trust New York living trust NYC living trust Queens living trust Staten Island medicaid trust Brooklyn medicaid trust Long Island medicaid trust New York medicaid trust NYC medicaid trust Queens medicaid trust Staten Island New York estate planning legal New York probate lawyers NYC guardianship lawyer probate attorney Dutches county probate attorney Kings county probate attorney Nassau NY probate attorney Orange county probate attorney Putnam county probate attorney Queens probate attorney Rockland probate attorney Suffolk probate attorney Sullivan county probate attorney Ulster county probate Brooklyn lawyer probate lawyer Kings county probate lawyer Long Island probate lawyer Nassau probate lawyer Queens probate lawyers New York probate lawyers NYC probate lawyer Staten Island probate lawyer Suffolk probate lawyers Ullivan county probate New York attorneys probate New York lawyer probate NYC lawyer probate NYC lawyers probate property attorney probate property lawyer revocable trust Brooklyn revocable trust Long Island lawyers directory NY revocable trust New York revocable trust NYC revocable trust Queens revocable trust trust Bronx will attorney Brooklyn will attorney Long Island will attorney New York will attorney NYC will attorney Queens will attorney Staten Island will lawyer Brooklyn will lawyer Long Island will lawyer New York will lawyer NYC will lawyer Queens will lawyer Staten Island wills and trusts Bronx Wills and trusts Brooklyn wills and trusts Long Island wills and trusts New York wills and trusts NYC wills and trusts Queens wills and trusts Staten Island wills Brooklyn Estate Planning Boca Raton Miami Lawyer Near Me Lawyer Magazine Estate Planning Miami Lawyer wills Long Island wills New York wills Staten Island estate planning lawyers NYC probate New York lawyers trust and estate law firms estate planning attorneys Brooklyn estate planning lawyers Brooklyn estate planning Brooklyn estate planning New York attorney estate planning New York attorneys estate planning attorney Brooklyn estate planning New York lawyer estate planning New York lawyers guardianship attorney Brooklyn guardianship attorney Long Island guardianship attorney New York guardianship attorney NYC guardianship attorney Queens guardianship attorney Staten Island guardianship lawyer Brooklyn guardianship lawyer Long Island guardianship lawyer New York Estate Planning Lawyer NYC guardianship lawyer Queens guardianship lawyer Staten Island Near Me Dental Near Me Lawyers