Legal Question in Wills and Trusts in New York

Re: my husbands passing

Generally, an estate constitutes the assets of the decedent. This may be stocks, bank accounts, real estate, clothing or even a lawsuit.

A person dies intestate if there is no will. That means the estate is divided among individuals pursuant to statute. Compare this to a will were the estate is divided among individuals listed in the will.

Sometimes an asset goes directly to an individual by operation of law. For example, if a house was owned by the decedent and his wife, as "husband and wife", the house automatically goes to the wife outside the will.

When should you get a lawyer? If there is no estate, there is no need to retain a lawyer. If there is a small estate, you may be able to avoid a lawyer. Usually, you can go to the local Surrogate's Court and a clerk will help you with a small estate proceeding. If there is a large estate, or if there are legal issues associated with an estate, you should retain an attorney.

Mike.