In this article, Bronx last will and testament attorneys advise readers what can happen to an estate if no will is left by the decedents to establish their last wishes.
Importance of a Will
An estate is more than just tangible property and money; it can include sentimental items that have profound meaning to members of the family.
If no provision is made for the equitable distribution of these items, family members may suffer emotionally for this loss as well as financially.
State Law Determines Inheritance in the Absence of a Will All states possess a set of statutes that set forth the order in which a decedent’s estate is to be divided if a Last Will and Testament has not been filed and admitted to Probate. Failing a Probate of the Last Will and Testament, the estate may go Administration Proceedings through Surrogate’s Court so that any debts against it may be paid and the remainder of the assets can be distributed under NY State law.In either case, the Petitioner, whether the nominated Executor in the Will or spouse, child or parent requests permission of the Court to represent the estate Subsequent to the spouse, in Administration matters, any adult child or other family member may be chosen provided they have never been convicted of a felony and can show other required status items to the Court. It may also be that the Public Administrator will have to Petition the Court which would significantly dilute the estate.
If you had wanted significant others other than spouses, friend neighbor or charitable organizations to receive money and failed to write a Will, they would all be shut out of any potential inheritance
In addition to those referred to in the above, people who have abused or committed crimes against the deceased may be excluded from benefiting from the estates of their victims. Likewise divorce will affect inheritance. Although adopted children under statute have the same rights of inheritance as biological offspring others such as foster and step children may not without your specifically including them in your Will. You may wish some of your children to receive more or less than others. Without a Will, this will not happen! You may wish to provide for a valued friend or loved one who is not immediate family. So it is most important to meet with an attorney conversant in the law of Probate and Administration and to have a proper Last Will and Testament in place.
Save Heartache and Trouble
Make sure that your last wishes are recorded and can be carried out.
Contact your Bronx last will and testament lawyers by calling Evan Rogers at 718-994-1640 today.