FEATURES & NEWS

estate planning
Estate Planning

Missing Or Deceased estate?

Navigating Missing or Deceased Estate Issues When a beneficiary is missing, or an estate owner passes away without clear directives, handling the estate can become

Read More »
Probate Attorney
Estate Planning

The Need-To-Know: Probate Litigation

The Need-To-Know: Probate Litigation in 2024 As we approach 2024, the landscape of probate litigation in New York continues to evolve. Understanding these changes is

Read More »
Estate Planning
Estate Planning

The Top Secrets of Estate Accountings

The Top Secrets of NY Estate Accountings 2024 As we move into 2024, estate accounting in New York continues evolving, presenting challenges and opportunities. Understanding

Read More »
Will
Estate Planning

Is My Will Legit?

Is My Will Legit? Ensuring Your Will’s Legitimacy in New York Creating a will is a fundamental component of estate planning, but the looming question

Read More »
Probate
Estate Planning

The Mysteries of Probate Revealed

The Mysteries of Probate Revealed in New York The probate process in New York often seems shrouded in mystery, leaving many to navigate its complexities

Read More »
What is Probate in 2024
Estate Planning

What is Probate in 2024?

As the legal landscape continues to evolve, understanding the probate process in New York in 2024 is crucial for effectively managing estate planning and administration.

Read More »
Probate Lawyer Queens
Estate Planning

Probate Lawyer Queens

Why You Need a Probate Lawyer in Queens Probate can be complex and daunting, especially in the diverse and dynamic borough of Queens, New York.

Read More »
Estate Planning Attorney Brooklyn
Estate Planning

How Does Joint Ownership Work?

How Does Joint Ownership Work? Joint ownership, a common arrangement for co-owning property and assets, offers various benefits and complexities, particularly under New York State

Read More »
Estate Planning in New York
Estate Planning

Estate Planning in New York 2024

Estate Planning in New York 2024: Navigating Changes and Protecting Your Legacy As we approach 2024, the estate planning landscape in New York continues to

Read More »
will attorney
Estate Planning

Why do You Need A Will?

Why Do You Need A Will ASAP? The thought of drafting a will often brings a sense of unease, conjuring notions of morbidity or the

Read More »

What happens if you die without a will?

If you die without a will, it is said that you died interstate. This means that the state will supervise the dispensation of your assets, which it will distribute based on the intestate law of the state.

Due to the elective-share and community property provision stated above, the state will share your estate in a way that half goes to your spouse and the remaining goes to your children. Such situation sometimes leads to the sale of the family home or other properties, which can badly affect a surviving spouse who may have decided to rely on a huge chunk of your assets to maintain their standard of living. 

Additional complications may arise if your children are minors, as the court will have to step in and designate a guardian to cater to them and look after their interests.

Dying without creating a will may have serious consequences on your family and loved ones. One of these consequences is tax. Since a well prepared will can lessen the estate tax liability, failure to create a will can do the opposite. As of 2021, a U.S. estate tax return must be filed on individual estate valued at $11,700,000 or more. No federal estate tax is due if the estate is not worth that amount.

What happens if you die without a will and you are single?

If you aren’t married or childless, your parents will get your entire estate if they are both alive.  Otherwise, it will be shared among your siblings (half-siblings included) and your surviving parent, if one parent isn’t alive. If you have no surviving parents at the time of your demise, then the whole of your estate will be shared among siblings, in the same proportion. If there are no surviving parents, siblings, or descendants of siblings ( nieces and nephews), then the relatives on your mother’s side would inherit one-half of the estate, with the other one-half going to the relatives on your father’s side.

In the event that you are single and have children, then the whole of your estate generally will be transferred to your children, in equal proportions. If any child has died before you, and that child has any children, then that child’s portion will be transferred to your grandchildren

Who needs a trust?

As a general rule, parents with minors who have assets including life insurance amounting to over $300,000 should consider hiring a trust attorney, New York, and setting up a trust. In addition, if you really want to make the process of transferring your assets to your beneficiaries much easier, it’s best you consider setting up a trust. By setting up a trust, you are directly trying to save your family and loved ones the stress of the complicated probate process.

Misconceptions about Trusts

While a lot of people harbor the notion that trusts are only for super wealthy families, trusts are widely used by middle and upper-middle class families also. Another major misconception about this legal document is that there are ongoing fees throughout the whole time you have a trust. Aside from those large trust, most trusts don’t attract any large ongoing fees.

Who is a Trust Attorney?

A trust lawyer is a lawyer who helps individuals set up trusts for their estate. This professional also provide advice and recommendations to individuals who wish to set up trusts. A trust lawyer can help you set up a trust that aligns with your wishes.

Who is a Will Attorney?       

A will attorney is a lawyer that specializes in the creating of wills for individuals. These professionals have the experience, knowledge and resources needed to help you create a will that mirrors your wishes and adheres to the guidelines of the state government.

Always have it in mind that a judge can deem your will invalid if it believes that it wasn’t created using the laid down principles. If this happens, it means it would be assumed that you died intestate (without a will). So, to avoid this, ensure you hire a competent will attorney, New York.

Most Popular: