Legal Question in Wills and Trusts in New York
If a married couple dies without a will, does there estate automatically go to their children?
Asked on 6/09/10, 6:43 am
1 Answer from Attorneys
Walter LeVine
Walter D. LeVine, Esq.
It would go by intestacy (laws governing inheritance where there is no Will) and, depending upon value of the estate, part to the spouse and part to the children when the first dies, and all to the children when the second dies. This presumes the initial surviving spouse does not remarry in the interim. It ois always best to have a Will to assure who you want to receive your assets will get them and when and how you want. Trusts are good also to assure children get something even if the surviving spouse remarries. These documents are not expensive to prepare and a good estate attorney should be consulted.
Answered on 6/09/10, 10:14 am