Legal Question in Wills and Trusts in New York

Re: will

Since the decedent died without a Will, the laws of intestacy govern how the estate is distributed. For example, if the decedent was survived by a spouse and three children, the spouse would get the first $50,000 plus one-half of the balance and the children would divide up the other half. If the decedent was survived by a spouse ony, the spouse would get the entire estate. If the decedent was survived by three children, each child would get one-third of the estate.

Re: will

First place is to check the Deed filed in the County recording office where the property is located. This can be looked at if you know the decedent's name and approximate year of purchase. It might also be available on line, if the recording office maintains a web site. Check who is listed in the Deed as the Grantee. If more than one person is named, you also have to check the designation of how the multiple names are described. If a living second person is named as Grantee, they might automatically inherit the property as a survivng joint tenant , written as such or as JTROS, or surviving tenant by the entirety, if the second person is the spouse of the decedent. If some other deignation, such as tenants in common, is used, the second person might only have a right to a portion of the house. If the house is listed only in the name of the decedent, the new owner will follow the intestacy statutes (statutes that control disposition of assets where a person dies without a Will).