Your closest relatives may have a right to claim part of your estate

Some very close relatives — a surviving spouse and sometimes children or grandchildren — have the right to claim an inheritance, and in some cases this can override what it says in your will. Here’s how it works:

Inheritance Rights

Inheritance rights determine who has the legal right to claim your property after you die either through a Will or through intestacy, when a person dies without a Will. Read More

Rights of Beneficiaries

The right to receive the assets that were left to the beneficiary either through a Will or through intestacy, no will, based on their family relationship. Read More

Rights of Heirs at Law

In the absence of a formal Estate Plan, legally, heirs are considered next of kin which is defined by the applicable statute. This means that if an estate owner dies intestate (without a Will or Trust), his or her heirs would be entitled to a share of the estate in the estate. Read More

Rights of Children

In general, children have a right to contest a Will and inherit a share of the Estate when there is no Will and sometimes under the Will.  If there is no spouse and the child of the decedent dies before the decedent, the grandchildren step into the place of the child and will inherit that child’s share, if there is no Will.  If there is a Will, the terms of the Will, controls the inheritance under most circumstances. Read More

Rights of Surviving Spouse

A surviving spouse at the time of a decedent’s death has a statutory right to inherit an “elective share” of the deceased spouse’s assets. A surviving spouse may elect against the deceased spouse’s estate in an amount up to $50,000 or one-third of the net estate, whichever is greater. Read More

Kinship Proceedings

In a Kinship Proceeding, the New York Surrogate’s Court seeks to determine who is entitled to inherit from the estate of a deceased person who did not have a Will. Those who claim to be related or entitled to a share should retain counsel to file the necessary pleadings and documents that establish the claim for the trial.  The Surrogate’s Court is the court in New York State which handles most matters regarding death. Read More

We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.