Dying without a will gives the state control of your wealth and your children. The state distributes your personal property according to succession law and appoints a guardian to take care of any minor children. The courts may also appoint a conservator to manage your finances. In some cases, guardian and conservator responsibilities may be assigned to one individual.
An experienced wills attorney understands how children and intestacy laws in Melville can impact your wishes for your children’s future. The seasoned team at Tully Law Group, PC could help you secure your children’s well-being and inheritance.
When someone dies without a will, they die intestate, transferring control of estate distribution to the courts. Succession laws dictate how the courts distribute an estate based on family relationships.
If the deceased has no children, the entire estate goes to the spouse. If there is no spouse, the estate is divided among the children or their descendants. In cases where both a spouse and children are living, the spouse receives $50,000, with the remainder being split equally between the spouse and the children or their descendants.
If someone has no spouse or children, the estate transfers to the surviving parents. If the parents are also deceased, the estate is distributed to the siblings or their children. Distribution becomes especially complex if the deceased has no surviving spouse, children, parents, or siblings. In these cases, the estate is divided equally between the paternal or maternal grandparents. If only one set of grandparents is living, the entire estate goes to them.
If the grandparents are deceased, the estate passes to their children. If their children are also deceased, the estate is split evenly between their grandchildren (the deceased’s first cousins). If there are no surviving family members at all, the estate goes to the state.
Without a will, the deceased’s estate goes through probate, and the court appoints an administrator to oversee the process. Probate fees and expenses are deducted from the estate, and the process may become lengthy if distributees are difficult to locate or the estate assets require evaluation or appraisal. In such cases, probate costs can significantly reduce the value of the estate.
A meticulous attorney could ensure a person’s wishes are clearly stated in their will and utilize various estate planning documents to prevent potential legal disputes. In the event that an individual in Melville does not have a will, a lawyer could help them navigate the complexities of children and intestacy laws to ensure that the distribution of their estate honors their wishes.
Guardians are appointed for minor children under the age of 18. Anyone may petition the court to become a child’s guardian; however, the courts favor individuals who will act in the child’s best interests. The court may also consider the child’s preferences if they are over the age of 14.
This is often a messy situation as the court is not privy to every family’s dynamics, and what the court deems to be the best decision for your children may not be what you would have decided. Oftentimes, there are people immediately close to the children who a parent would never want to become guardians of their children. Without a will, there is no way for a parent to designate these important decisions.
Guardianships grant the appointed individual the same authority as a parent in making decisions about the child’s future and well-being. A conservator may also be assigned to manage the child’s financial assets, separating the two responsibilities. If a suitable guardian cannot be found, the child is placed in the foster care system.
In the absence of a will, intestacy laws in Melville determine the distribution of a person’s estate and the guardianship of their children. Comprehensive estate planning documents can maximize an estate’s value while protecting minor children and their financial assets. A well-drafted will ensures that an individual’s wishes for their children’s future are clearly outlined.
If you are one of the millions of Americans who do not have a will, we can help. Our lawyers understand the importance of protecting your family and preserving wealth for future generations. We could work with you to develop a comprehensive estate plan that ensures your needs are met.
If you have questions about children and intestacy laws in Melville, get in touch with Tully Law Group, PC to schedule a consultation today.
