Despite increased awareness about the importance of estate planning, many New Yorkers still don't have a will. At Rochester Elder Law, we often see the complications that arise when someone passes away without proper estate planning documents in place. This guide will help you understand what happens when someone dies without a will (intestate) in New York and why having a will is crucial.

The Current State of Will-Making in America

Recent studies show that while the COVID-19 pandemic prompted more young adults to create wills, overall percentages of Americans without wills remain concerning. Dying without a will can cause significant logistical, financial, and emotional stress for your loved ones.

Who Settles an Estate Without a Will in New York?

When there's no will to name an executor, New York State laws determine who can fill this role. Typically, the priority order follows close family relationships, but the specific circumstances can affect who is eligible to serve as the estate administrator.

Key Points About Intestate Succession in New York

New York has specific laws governing how assets are distributed when someone dies without a will. While the details can be complex, here are some general points to consider:

• Surviving spouses and children have priority in inheritance
  
• If there's no spouse or children, parents or siblings may inherit.
  
• New York recognizes legally adopted children as equal to biological children for inheritance purposes.
  
• The state has specific rules about half-relatives and posthumously born children.

It's important to note that these rules can vary based on the specific family situation and the types of assets involved. For personalized advice about your situation, it's best to consult with an experienced New York estate planning attorney.

Guardianship of Minor Children

Without a will naming a guardian, a New York court must appoint one for minor children. This process can be lengthy and may not align with your preferences for your children's care.

Why Having a Will Is Crucial for New Yorkers

1. Control over asset distribution: Ensure your property goes to your chosen beneficiaries.
   
2. Guardianship designation: Name a guardian for minor children.
   
3. Simplified probate process: Make estate settlement easier for your loved ones.
   
4. Potential tax benefits: Proper planning can help manage estate taxes.
   
5. Peace of mind: Know that your affairs are in order according to New York law.

How Rochester Elder Law Can Help

At Rochester Elder Law, we specialize in creating comprehensive estate plans tailored to your unique situation and compliant with New York State laws. We can help you:

• Draft a legally sound will
  
• Establish trusts if necessary
  
• Designate guardians for minor children
  
• Navigate complex family situations
  
• Optimize your estate for tax purposes under New York and federal laws

Don't leave your family's future to chance or to New York's intestate succession laws. Contact Rochester Elder Law today to start your estate planning journey and ensure your wishes are legally protected under New York State law.