Queens, NYC Estate & Probate Lawyer Explains Death With Or Without A Will

Published on December 10, 2021, 12:45 am
FavoriteLoadingAdd to favorites 4 mins

Unfortunately, some people do not get around to making a will before they pass away. Upon their death, New York State law sets out who is to receive their assets. If the person is married and has children, their spouse is entitled to receive a vehicle off the $25,000, cash of up to $25,000, $50,000 of the rest of their estate assets. Whatever is left over is given half to the spouse and half among the children. If a person was married and had no children, their spouse receives everything. If a person dies single with no children and has living parents, his parents receive everything equally. If one of them has passed away, the surviving parent receives the entire estate. The law goes on to list additional next of kin in order. It is important to keep in mind that any asset that had beneficiaries or joint accounts are not included in the aforementioned distribution. A will allows a person to make sure that their assets go to whomever they want, not just the default law provisions. A will also allows a person to list and executor who will be in charge of administering the estate.

New York’s Intestacy Laws

New York law states that if the decedent left a surviving spouse, they are entitled to the following assets, before anyone else gets anything. The surviving spouse under intestacy receives:

  1. Cash or cash equivalents, including bank accounts of up to $25,000.
  2. One car of up to $25,000 (if the value of the car is greater than $25,000, the spouse has the option of paying the difference to the estate).
  3. Household items, including the decedent’s clothes, furniture, appliances, and jewelry up to $20,000.
  4. The decedent’s family pictures, books, computers, discs, and software, up to $2,500.

Next, the surviving spouse receives $50,000 in assets and 1/2 of the remainder of the estate if the decedent left children. If the decedent had no children, the spouse inherits everything, no matter how long they were married. In practice, this means that the if the decedent did not leave a will, the spouse can receive well over $100,000 in assets before anyone else collects anything.

Click here to read Roman Aminov’s complete guide on this matter.

To speak with an experienced Will & Estate Lawyer in Queens, NY about your family situation, feel free to contact our office at 347-766-2685.


Aminov Estate & Probate Lawyers Of Brooklyn
1600 Avenue M
Brooklyn, NY 11230

Tel.: 347-766-2682
: https://aminovlaw.com/


Aminov Estate & Probate Lawyers Of Queens
147-17 Union Turnpike
Queens, NY 11367

Tel.: 347-766-2685
URL: https://aminovlaw.com/queens-ny-estate-lawyer


Aminov Estate & Probate Lawyers Of NYC
260 Madison Avenue, Ste. 204
New York, NY 10016

Tel.: 212-201-9299
URL: https://aminovlaw.com/


Law Offices Of Roman Aminov
105 Maxess Road
Melville, NY 11747

Tel.: 631-983-6070
URL: https://aminovlaw.com/suffolk-county-ny/


Law Offices Of Roman Aminov
54-14 74th Street
Elmhurst, NY 11373

Tel.: 347-384-6854
URL: https://aminovlaw.com/an-elmhurst-ny-estate-lawyer/


Law Offices Of Roman Aminov
35-37 36th Street
Astoria, NY 11106

Tel.: 718-971-9555
URL: https://aminovlaw.com/astoria-ny-estate-lawyer/


Law Offices Of Roman Aminov
2270 Grand Avenue
Baldwin, NY 11510

Tel.: 516-350-0555
URL: https://aminovlaw.com/


Law Offices Of Roman Aminov
215-03 Jamaica Avenue
Queens Village, NY 11428

Tel.: 347-384-6745
URL: https://aminovlaw.com/queens-village/


Law Offices Of Roman Aminov
118-35 Queens Boulevard, Ste. 400
Forest Hills, NY 11375

Tel.: 347-694-8856
URL: https://aminovlaw.com/forest-hills-ny-estate-lawyer/

Jonas Bronck is the pseudonym under which we publish and manage the content and operations of The Bronx Daily.™ | Bronx.com - the largest daily news publication in the borough of "the" Bronx with over 1.5 million annual readers. Publishing under the alias Jonas Bronck is our humble way of paying tribute to the person, whose name lives on in the name of our beloved borough.