What Happens If I Die Without a Will in New York?

Many Brooklyn residents delay writing a will, thinking they have time, don’t own much, or assume their family will sort it out. But if you pass away without a will, New York State law—not you—decides what happens to your assets, your children, and even your burial.

The truth is, dying without a will can create unnecessary legal complications, family disputes, and delays in transferring your property.

At our firm, we make the process of creating a will simple, stress-free, and affordable:
✔ Flat-Fee Pricing – No hidden costs, just one straightforward fee.
✔ Two-Session Process – One meeting for consultation, one for finalization.
✔ One Free Rewrite in the First Year – Update your will at no extra charge.
✔ Italian-to-English Translation Available – If you need assistance with Italian-language documents.

If you want to ensure your loved ones are protected and your wishes are honored, getting a will is one of the best legal decisions you can make.

What Happens If I Die Without a Will in New York?

When someone dies without a will, it’s called dying "intestate." This means New York’s intestacy laws decide:
✔ Who inherits your money, property, and personal belongings.
✔ Who becomes the guardian of your minor children.
✔ How your debts and funeral expenses are handled.

📌 Fact: If you don’t have a will, your family has no control over these decisions—a court makes them for you.

Who Gets My Assets If I Die Without a Will?

New York law determines who gets what based on a strict legal order:

1️⃣ If You’re Married Without Children

✔ Your spouse gets everything.

2️⃣ If You’re Married With Children

✔ Your spouse gets the first $50,000 and half of everything else.
✔ Your children split the rest.

📌 Problem: If your children are minors, this can complicate matters.

3️⃣ If You Have Children but No Spouse

✔ Your children inherit everything equally.
✔ If any child is a minor, their inheritance is subject to court oversight.

4️⃣ If You Have No Spouse or Children

✔ Your parents inherit everything.
✔ If your parents are deceased, your siblings inherit everything.

5️⃣ If You Have No Living Parents, Spouse, or Children

✔ Distant relatives (aunts, uncles, cousins) inherit your assets.
✔ If no relatives are found, your assets are in limbo.

📌 Fact: Without a will, your estate could end up with family members you never intended—or worse.

What About My Minor Children?

If you have children under 18 and die without a will, a judge—not you—decides who raises them.

✔ The court will appoint a guardian based on who they believe is best, even if it’s not the person you would have chosen.
✔ Family members may fight in court over guardianship, creating stress for your children.
✔ If no relatives qualify, your child could end up in foster care until guardianship is resolved.

🚀 With a will, you can legally appoint a guardian, ensuring your children are raised by someone you trust.

What About My Funeral & Burial?

If you die without a will, your family must guess your funeral and burial preferences.

✔ They may disagree on cremation vs. burial, leading to delays and family disputes.
✔ If you want specific religious or cultural funeral arrangements, there’s no guarantee your wishes will be followed.
✔ Financial burden—without a will, your estate may not cover funeral costs immediately, leaving family members struggling to pay out of pocket.

📌 Fact: A will allows you to document your funeral preferences and set aside funds to cover the costs.

Common Questions About Dying Without a Will

❓ If I’m Married, Won’t Everything Automatically Go to My Spouse?

✔ Not always. If you have children, your spouse gets only part of your estate—your children inherit the rest.

❓ Can My Partner Inherit If We’re Not Married?

✔ No. New York law does not recognize unmarried partners—even if you’ve been together for decades.
✔ Your partner gets nothing unless named in a will.

❓ If I Don’t Own a House, Do I Still Need a Will?

✔ Yes! A will covers bank accounts, personal property, cars, and even sentimental items you want to leave to loved ones.

📌 Fact: Even small assets like jewelry, collectibles, and family heirlooms can cause family disputes if you don’t have a will.

❓ What If My Family Knows My Wishes? Won’t They Just Follow Them?

✔ Verbal instructions mean nothing in court.
✔ Even if your family agrees, state law determines inheritance—not personal promises.

Why Choose Our Firm for Your Will?

✔ Flat-Fee Pricing – No Hourly Fees, No Surprises
✔ Two-Session Process – One Consultation, One Finalization
✔ One Free Rewrite in the First Year (if your situation changes)
✔ Experienced in Brooklyn Estate Law – Serving Bensonhurst & Gravesend
✔ Seamless Italian-to-English Translation for Clients Who Need It

🚀 One meeting, one flat fee, total peace of mind.

How Long Does It Take to Get a Will Done?

Our process is quick and straightforward:

📅 Step 1: Consultation (First Meeting)
✔ We discuss your assets, beneficiaries, and final wishes.
✔ We answer any questions about estate planning, Medicaid, or probate.

📝 Step 2: Drafting & Review
✔ We prepare your legally binding Last Will & Testament.
✔ You review it and request any minor changes.

🖊️ Step 3: Signing & Finalization (Second Meeting)
✔ You sign the will with witnesses present (as required by NY law).
✔ You receive your official will, stored securely for future use.

📌 Bonus: If your situation changes, we offer one free rewrite within the first year.

Protect Your Family & Assets—Call Us Today!

📞 Call or email us today to schedule your estate planning session and complete your Last Will & Testament for a flat fee.

✔ Ensure your assets go to the right people.
✔ Prevent family disputes.
✔ Choose who raises your children.

🚀 It’s fast, affordable, and one of the best legal decisions you can make.

call: 347-692-0222 | email : 7622LAW@gmail.com