ADMINISTRATION (When there is NO Will)
In cases where there is no will, many people assume the state gets everything. That is NOT the case. When there is no will, you simply file your papers in a different office at the courthouse. Instead of going to the probate office, you go to the administration department. When there is not Will, there are certain people who can become the administrator of the deceased person's estate, and certain people who inherit . These are determined by New York's laws of intestacy. As a lawyer, I have represented and advised administrators as well as people who inherited when there was no will.
New York intestacy law (who inherits when there is no will). It's pretty logical, as follows: If there is a spouse and no children, all to the spouse. If spouse and children, first $50,000 to the spouse, then 50/50 between spouse and children (children of pre-deceased children assume their parents share. If no spouse or children, to the parents. If no parents, then to brothers and sisters (nieces and nephews stand in the shoes of predeceased siblings). If no brothers and sisters, then nieces and nephews. If no nieces and nephews, then to aunts, uncles and cousins. NOTE: Aunts, uncles and cousins cases are much more complicated and have special rules.
Any person entitled to inherit, who is a citizen and not a convicted felon, can act as Administrator of the Estate. It is a big responsibility. I frequently represent Administrators of estates. Their job is the same as an Executor under a Will. They get appointed, marshal the assets, pay debts and taxes, and make sure that the people who are supposed to get the money, get it.
If you need representation in a case where a person has died without a Will Contact me, Estate Administration lawyer Barry Seidel, for more information or to set up an appointment.
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Queens Estate Administration lawyer Barry S. Seidel serves clients in New York City, including Queens, Long Island, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and Westchester County.
