Legal Question in Wills and Trusts in New York

Distribution to spouse upon intestate husband's death

In New York, when a husband dies intestate, does all property go to the surviving spouse if there are children and parents of the deceased, or is there some formula applied by which children and parents participate in the estate distribution. If so, what is the formula, and can I have a citation to the law on this? Thank you.


Asked on 12/20/00, 4:51 pm

2 Answers from Attorneys
Norman Nadel Norman Nadel, Esq.

Re: Distribution to spouse upon intestate husband's death

Property owned jointly, with the right of survivorship goes to the survivor. The residence, insurance, pension benefits and bank accounts may fall into this category of property.

Property that is individually owned is divided as follows:

First $50,000 and one half of the excess to surviving spouse. The rest is divided among the children.

Read more
Answered on 12/26/00, 9:12 am
Bunji Fromartz Fromartz Law Offices

Intestate distribution

Mr. Nadel is correct.

First $50,000 to wife. One-half of remainder to wife and one half to kids (if two kids, each gets one-quarter).

IF no kids all to wife. If no wife all to kids. Any party can waive receipt of funds and then esate goes to all others then qualified under law.

If spouse or children survive, parent gets nothing.

See EPTL �4-1.1 (New York Estate Powers and Trust Law.)

browse to http://caselaw.lp.findlaw.com/nycodes/law38/art14.html

or http://firms.findlaw.com/Bunji/links.htm for legal research links.

718 855 7675

Read more
Answered on 12/27/00, 4:50 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York