Long Island estate planning lawyer Seth Schlessel (https://www.schlessellaw.com/what-is-a-child-entitled-to-when-a-parent-dies-without-a-will-in-new-york/), of Schlessel Law, PLLC, has provided critical insights into what happens when a parent dies without a will in New York. The latest article details how New York intestacy laws dictate the inheritance rights of children and outlines the legal framework that governs estate distribution.
When a parent passes away without a will, their estate is subject to intestate succession laws. These laws determine how assets are distributed among surviving relatives. Seth Schlessel, a knowledgeable Long Island estate planning lawyer, emphasizes that children must understand their rights under these laws, as intestacy can lead to complex legal issues. Families managing the process may face disputes over eligibility, requiring guidance from legal professionals.
In the absence of a will, assets that fall under intestate succession laws include solely owned real estate, financial accounts without named beneficiaries, and personal property. According to Long Island estate planning lawyer Seth Schlessel, New York law prioritizes certain relatives in a structured hierarchy. Spouses, children, and grandchildren are first in line, followed by parents and siblings if no immediate heirs exist.
New York’s intestate succession laws are detailed in the Estates, Powers, and Trusts Law (EPTL) Section 4-1.1. This legal framework helps ensure that assets are distributed fairly and systematically. Seth Schlessel, an experienced Long Island estate planning lawyer, explains that when a deceased person leaves a spouse and children, the spouse receives the first $50,000 of the estate, with the remaining assets divided equally between the spouse and children. If no spouse exists, children inherit the full estate.
However, not all assets are subject to intestate succession. Life insurance payouts, retirement accounts with designated beneficiaries, and jointly owned property typically bypass probate. If no named beneficiaries are alive, these assets may revert to the intestate estate and be distributed according to EPTL 4-1.1.
A child’s right to inherit under New York intestacy laws depends on a legally recognized parent-child relationship. Seth Schlessel explains that biological children automatically qualify, but additional legal steps may be required for non-marital children, adopted children, and posthumous children (those conceived before but born after the parent’s death).
New York law provides mechanisms to establish paternity for non-marital children, including a voluntary acknowledgment of paternity, court rulings, or evidence of open acknowledgment by the deceased. Without legal confirmation, non-marital children may face difficulties claiming their inheritance.
Adopted children have the same inheritance rights as biological children under New York law. If legally adopted, they can inherit from their adoptive parents. Meanwhile, posthumous children can also inherit if they were conceived before the parent’s death and are born within a legally defined time frame.
Stepchildren and foster children, however, are not entitled to inheritance under intestate laws unless they were formally adopted. As Seth Schlessel highlights, “Stepchildren and foster children must be legally adopted to be included in inheritance rights. Without adoption, they must rely on wills or other estate planning methods to secure their financial future.”
When a minor inherits assets from an intestate estate, they cannot directly manage their inheritance. The court may appoint a guardian or establish a trust to oversee the assets until the child reaches adulthood. Seth Schlessel explains that the Surrogate’s Court oversees estate administration, helping ensure that minors’ inheritances are protected and used appropriately.
Guardianship may be necessary when no designated guardian was named before the parent’s passing. A trustee can also be appointed to manage large inheritances, allowing the funds to be used for the child’s education, healthcare, and other essential needs. The court may require ongoing oversight to prevent mismanagement of assets.
Disputes over inheritance can arise, particularly when paternity is contested. Legal claims brought by children seeking to establish their eligibility can be time-consuming and costly. Seth Schlessel advises that families take proactive steps to secure legal recognition of parentage to avoid inheritance disputes.
Estate administration without a will can be complicated, particularly when determining a child’s inheritance rights. Tackling intestate succession laws requires careful attention to legal requirements and possible disputes.
Families dealing with inheritance concerns can benefit from professional legal assistance. Seth Schlessel and the team at Schlessel Law, PLLC, are dedicated to helping families protect their rights and manage estate matters efficiently. Whether resolving paternity disputes, securing a minor’s inheritance, or handling estate administration, their firm can provide essential legal guidance.
About Schlessel Law, PLLC:
Schlessel Law, PLLC, is a Long Island-based law firm committed to providing estate planning and probate services to families across New York. Led by attorney Seth Schlessel, the firm can assist clients with wills, trusts, estate administration, and inheritance matters. With a focus on protecting family assets and facilitating a smooth legal process, Schlessel Law, PLLC, offers dedicated legal representation tailored to each client’s needs.
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Media ContactCompany Name: Schlessel Law PLLCContact Person: Seth SchlesselEmail: Send EmailPhone: (516) 574-9630Address:34 Willis Ave Suite 300 City: MineolaState: New York 11501Country: United StatesWebsite: https://www.schlessellaw.com/
