Probate Lawyer in Long Island: Dying Intestate

Probate Lawyer in Long Island: Dying Intestate

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Love makes us do lots of weird stuff.  One such act of love is preparing a will. You assume that preparing a will before you die is going into the welfare of your loved one. If you do not leave behind a legal will for your dear ones, does it mean that your affection is less in any way? However, a word with a probate lawyer in Long Island suggests otherwise. Nonetheless, it only makes sense to pen down your last wishes in your will. 

Intestate Estate – Find A Probate Lawyer In Long Island

In probate terms, dying intestate means that a person dies without leaving behind a legal will. Though the absence of a will does not create chaos, it does call for a probate lawyer in Long Island. A probate lawyer will acquaint you with the probate process.  The death of your dear ones follows a series of trips to the court. A probate lawyer in Long Island can reduce the suffering to some extent.

The Probate Process For An Intestate Estate

An intestate estate goes through the following probate process.  Thus, you need a probate lawyer in Long Island to help you settle the probate proceedings.

Appointment Of A Legal Representative

The court nominates a legal representative, or an administrator or an executor to manage the intestate estate. The executor’s prime task is to locate the decedent’s assets and intestate successors.  Furthermore, the legal representative also executes the function of a caretaker of the decedent’s estate until it is handed over to the beneficiaries.  The administrator notifies all the creditors to file their claims within the stipulated period. In the meanwhile, the executor hires an appraiser who evaluates the value of the decedent’s estate. The executor pays the utility bills, taxes, expenses incurring from the funeral, and other outstanding bills. The executor reports the outcome of his efforts to the court, the probate attorney, and the beneficiary.

Probate Court Order

The court-appointed legal administrator investigates the entire legacy of the deceased.  Furthermore, the executor’s most challenging task is to substantiate the genuine heirs of the deceased’s estate.  Based on the reports of the executor’s, the court verifies the genuity of the deceased’s closest family members for becoming the legal heirs of the inheritance.  Furthermore, the probate court scrutinizes if the creditors are paid their outstanding dues.

Probate Lawyer In Long Island: Distribution of Intestacy Estate

According to Long Island law for intestate estate, the probate court distributes the estate mostly to the surviving spouse.   The distribution pattern of Long Island Intestacy Estate law is as follows:

  • The recipient of the first $50,000 goes to the surviving spouse.  
  • The balance estate is further equally divided between the spouse and the children, if any.  
  • However, in the absence of a spouse, the entire intestacy estate is inherited by the deceased’s descendants.
  • Furthermore, in the absence of both spouse and children, the intestacy estate is handed over to the decedent’s parents.
  • Nonetheless, if the decedent’s parents are not alive, and he never married or had kids, the decedent’s sibling or half-siblings will become the next heir.  The decedent’s sibling’s children are also entitled to the intestacy estate, in the absence of his lawful wife, real children, and parents.
  • In the absence of any spouse, children, parent, siblings, grandchildren, and relatives, the probate court passes the estate to the State Trust.  The court will pass judgment for the benefit of the State of New York.  The estate would be used for charitable purposes under The New York Community Trust.

A Probate Lawyer in Long Island: Need For A Will

If you have loved ones counting on you to secure their future even when you are not around, it would be best to consult a probate lawyer in Long Island to make a will within your lifetime.

Furthermore, it would be a good idea to keep updating your will based on your life’s significant events. Such events could include – marriages, the birth of children, death of a person named in your will, and so on.  

However, in the absence of your heir, you can donate your estate to a charity or pass it down to anyone you love.  Furthermore, a lack of a will, may not do much harm except for prolonging the probate period. 

Bottom Line

Considering that your will is your last wish.  It is always best to seek a legal person’s advice to ensure your estate goes to a person you want after you are no more.   You can count on a probate lawyer in Long Island for updated legal information regarding intestate probate.

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