Legal Question in Wills and Trusts in New York

If the father dies without a will, his children, including your niece, will divide the estate.

(licensed in New York)

I have provided a section of the New York statute regarding intestate succession:

Est. Powers & Trusts � 4-1.1. Descent and distribution of a decedent's estate.

The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:

(a) If a decedent is survived by:

(3) Issue and no spouse, the whole to the issue, by representation.

I agree that she is best off if her father has no Will, as only a spouse (you indicate none) and children or grandchildren will inherit. This presumes assets are not registered jointly with someone (related or not) or that someone is not designated for survivor benefits (insurance, retirement plans, etc.). If he levaes a Will, he is free to leave his estate to anyone he chooses, and the daughter may receive nothing, especially if the Will is properly prepared.