Sometimes people die without leaving behind a will. In this case, the deceased is considered to have an intestate asset. These assets distribution is done through a court process known as estate administration.  

The intestate succession law will apply to those assets which are owned by the deceased. The assets that didn’t come under this law are the properties transferred to any trust, life insurance proceeds, payable on death bank accounts, funds in IRA, etc.

According to the intestate succession law, the assets will go to the deceased’s closest living relative.

A closed distributee of the deceased should open the estate and look after the probate proceedings, as stated in intestate succession law.

1. Spouse’s Share Through Probate Attorney In Brooklyn

If the deceased person is married and has not left a will, then according to the Brooklyn laws, the spouse share will depend on whether or not the deceased have living children.

In case the deceased has no children, then the spouse inherits everything that the deceased had according to the intestate succession laws.

If the deceased has children, the spouse will receive $50,000 first and then half of the remaining amount.

The spouse is suggested to hire a probate attorney in Brooklyn in order to finish this process of inheriting quickly and with professional support.

2. Children’s Share

Children will receive a portion of the intestate share. The share each child will get would depend on the number of children the deceased had and whether the deceased has a spouse or not. In the absence of a spouse, the children inherit everything and distribute it among themselves equally.

Children who are acquiring the intestate share should prove legally that the deceased is their father. A legally adopted child of the deceased has equal shares in the assets to be probated. If the deceased had adopted a child without proceeding the legal requirements, then that child cannot claim any of the intestate shares.

Child of the deceased who is adopted by another family legally doesn’t hold any rights on the assets.

A child conceived by the deceased but not born before his death. This child can claim the intestate asset provided if he was in the uterus within two years of his death or born before three years of his death.

Children outside of marriage can also claim the shares if the deceased, with the mother of the child, has signed an acknowledgment of being parents of the child and filed it where the child’s birth certificate is registered.

If the deceased’s children have died before him/her, then the intestate shares will go to the grandchildren of the deceased. 

The children are suggested to hire a  probate attorney in Brooklyn in order to do all the work smoothly.

3. Parent’s Share Through Probate Attorney In Brooklyn

The deceased’s parents will take part in the intestate share if the deceased is single and doesn’t have any children. The parents of the deceased will be entitled to all the assets owned by the deceased

4. Sibling’s Share Through Probate Attorney In Brooklyn

Suppose the parents of the deceased who are single have died. Then the whole intestate share will go to the siblings of the deceased person. The percentage of each sibling will depend on the number of siblings the deceased had.

If the siblings have died before the deceased, then the children of the siblings will get the share.

If the deceased had no siblings, then the intestate share would be divided between the dead’s parents’ families. There will be an equal share between the mother’s side and father’s side of the family.

5. Estate Taxes And Debts

The estate taxes should be paid from the intestate shares. The debts the deceased had should also settle before the share goes to the relatives of the deceased. This is all managed by the executor assigned by the court.

Creditors should prove of having unclear debts with the deceased by showing proof to the court. After which the court will approve the payment and order the executor to settle the debt with the intestate shares.

Conclusion 

These are the rules a state follows to deal with the distribution of assets of a deceased who has not made a will. The close distributee who is opening the probate should help a probate attorney in Brooklyn understand the different laws related to intestate shares.

The post Probate Attorney In Brooklyn: When You Die Without Leaving Behind A Will? appeared first on Estate planning Brooklyn.

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.

The post Probate Lawyer in Long Island: Dying Intestate appeared first on Estate planning Brooklyn.