Children and intestacy laws in Riverhead apply when someone dies without a will. Without a legal document outlining the deceased’s wishes, the estate goes through probate, giving the court responsibility for its disposition. Intestacy laws provide guidance for courts in distributing assets and determining guardianship for minors.
When navigating these laws, it is essential to consider minors, adults with special needs, and adult children. It is common for parents to assume that their estate will automatically transfer to their adult children upon their death. However, this is not guaranteed. If you do not have a will, the state may determine your children’s future, including decisions about asset distribution and guardianship. Consulting with a wills attorney could ensure that your child’s future aligns with your wishes.
Multiple factors influence guardianships, such as who will prioritize the child’s best interests, who has the resources to care for them, and where they will be the happiest. If parents want control over these decisions, they must have a will that states their wishes. Otherwise, the state can make decisions that they may not agree with.
Anyone can petition the court to become the guardian of a minor child under 18. The court will evaluate the petition and may ask children over 14 for their preferences. However, this is often a messy situation because the court does not know the details of every family’s dynamics, and what the court decides is best for your children might not be what you would have decided. In many cases, there are people immediately close to the children that they would never want as their child’s guardian. Without a will, there is no way for a parent to make these important decisions.
Once guardianship is granted, the guardian has the same authority as a parent regarding the child’s future. Managing a child’s financial assets may be separated from guardianship by appointing a conservator. The conservator and guardian are responsible for working together to serve the child’s best interests. If the courts cannot find a suitable guardian, the child may be placed in foster care.
A knowledgeable lawyer in Riverhead could help individuals create comprehensive estate plans that honor their wishes, address their child’s needs, and ensure compliance with children and intestacy laws.
When someone dies without a will, succession laws determine how the courts distribute an estate’s assets. These laws are based on family relationships with surviving spouses, grandparents, and other family members. If no surviving relatives are found, the estate goes to the state. An estate without a will is typically distributed as follows:
The estate’s distribution value is what is left after debts and taxes are paid, including the costs of probating a will.
The state requires that estates without a will file a petition for probate, which results in a court-appointed administrator overseeing the process. Depending on the complexity of the estate, probate costs can significantly reduce the estate’s value, leaving fewer financial resources for minor children.
Estate planning documents in Riverhead can help protect financial assets, minimize the costs of intestate probate, and address concerns related to children and intestacy laws. It is crucial for individuals to work with an attorney who will advocate for their interests and ensure their wishes are clearly stated.
Millions of Americans do not have a will to protect their assets and express their wishes upon death. If you do not have a will, the lawyers at Tully Law Group, PC are ready to assist you in clarifying your wishes after your death. By working with us, we could help you devise a tailored plan that addresses children and intestacy laws in Riverhead.
We understand that emotions can complicate financial decisions, which is why we approach estate planning with compassionate care and guidance. Schedule a consultation with our team today.
