What are Intestate Laws?

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What are Intestate Laws?

Posted By Mark Glendon     June 9, 2022    

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For many people, the thought of dying is something that gets pushed to the back of the mind where it can easily be ignored. The fact is, however, that everyone will die at some point, so while it may be unpleasant to think about death, it is something everyone should plan for.

Planning for your passing involves many things, including figuring out how your affairs will be handled afterward and by whom. Typically a last will and testament will spell out your final wishes. This document will be used by your heirs and probate court officials to determine whether or not your estate requires legal intervention.

If you pass away without a will in place, laws known as intestate laws come into play. Intestate laws concern themselves with handling the estate of someone who dies without a will in place.

Laws differ from state to state, so intestate laws in NYC may look different than similar laws in a place like Miami. Additionally, intestate laws in NYC are probably going to be handled best by a New York attorney who knows and understands the technical nature of such laws. It may be possible to have your case handled by an attorney from a different state, but the process may become longer and more complicated by taking this approach. For more information about intestate laws in NYC, check out this website.

Do Assets Go to Heirs Automatically?

In most intestate cases, the assets of the decedent will be legally passed to any living heirs. These heirs do not necessarily have to be immediate family. In some cases, a relative may be contacted who didn’t even know that they were related to the decedent.

If a situation arises in which the decedent didn’t have a will and there are multiple heirs, intestate laws usually dictate that a probate court determines who receives which assets. This can be a confusing situation since a probate judge will likely not know things like conversations held between heirs and the decedent. As such, people who find themselves in such situations are once again encouraged to retain the services of an estate attorney.

Read a similar article about guardianship law firm New York City here at this page.

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