Resolving the Question of Who Can Inherit?
When a person dies without a will (intestate), his or her property will go to the next of kin (intestate succession). New York inheritance law specifies how property will be divided among heirs when there is no will, but the first step is to prove kinship and the right to inherit.
The trust and estate litigation attorneys at GREENFIELD STEIN & SENIOR, LLP , have represented numerous heirs and beneficiaries in kinship proceedings in New York's Surrogates' Courts to prove a right to inherit.
Intestate Succession: What is the order of inheritance?
Chapter 17-B of the New York State Consolidated Laws specifies the order of inheritance for the different degrees of kinship to a deceased person, and the percentage distribution that each would be entitled to.
1. A surviving spouse is the first in line and will inherit all the assets of an estate if there are no children or grandchildren. If there are children, the spouse receives $50,000, plus one-half of the remaining estate.
2. Children
3. Parent, or parents equally
4. Siblings and half-siblings
5. Grandparents
6. Aunts and uncles
7. Grand children of the deceased person's grandparents
8. Great grand children of the deceased person's grandparents
9. The State of New York
If necessary, our lawyers will work with genealogists to gather evidence to prove your case for kinship. In our trust and estate litigation practice, we have substantial experience in a wide range of inheritance issues involving kinship and heir disputes.
Contact one of our attorneys at GREENFIELD STEIN & SENIOR, LLP, to learn more about intestate succession and whether you may have a right to inherit in Surrogate's Court.
