When a parent passes away without a will, it can create confusion, frustration, and even conflict among family members. Without clear instructions, the distribution of their assets, property, and personal belongings is left to New York State law — not to the wishes your parent may have expressed in conversations or intentions.
At MCV Law, our estate planning attorneys often hear from clients navigating these difficult situations after the fact. But with the right planning, these complications are entirely avoidable.
What is Intestacy?
When someone dies without a valid will, they are said to have died "intestate." This means the state decides how their estate is distributed according to intestate succession laws.
In New York, intestacy laws follow a set order of priority for heirs:
- A surviving spouse inherits the entire estate if there are no children.
- If there are children, the spouse receives the first $50,000 plus half of the remaining estate, and the children split the rest.
- If there is no spouse, the children inherit everything.
- If no children, the estate passes to surviving parents, then siblings, and so on down the family line.
This process may sound straightforward, but in practice, it can be far more complicated — especially in blended families, when relationships are estranged, or when your parent expressed wishes that never made it into a formal will.
What About Guardianship and Family Heirlooms?
Intestacy doesn’t just affect money. Family heirlooms, real estate, and even guardianship decisions for minor children can become contentious without a will to provide guidance.
If your parent had minor children or cared for a dependent adult, the court will determine guardianship without the benefit of knowing your parent’s preferences. Likewise, prized family possessions may be divided according to a strict formula, not based on sentiment, family history, or personal wishes.
Having a will avoids these uncertainties — a thoughtful estate plan ensures that your parent’s legacy is passed on according to their values, not just legal defaults.
Estate Taxes and Delays in Probate
Without a will, the probate process — the court-supervised procedure for distributing an estate — can be longer, more expensive, and stressful for family members. Delays are common, particularly when family members dispute who should serve as the estate administrator or how property should be divided.
Estate taxes can also take a bigger bite if assets aren't structured properly beforehand, including strategies to take advantage of marital deductions or trusts.
Why It’s Essential to Plan Ahead
When a parent dies without a will, the emotional weight of grief is often compounded by the stress of navigating the legal system. Arguments over “what mom would have wanted” or “who gets what” can fracture families permanently.
Creating an estate plan — including a will, power of attorney, and health care proxy — can prevent these outcomes. It's not just about money; it's about preserving family harmony and ensuring your loved one's wishes are respected.
Don’t Wait Until It’s Too Late
If your parents haven’t completed their estate planning, now is the time to start the conversation. Likewise, if you are a caregiver or family member concerned about your own estate plan, it’s never too early to prepare.
The Estate Planning attorneys at MCV Law are here to help guide you through the process with compassion and clarity. We can help ensure that your family’s future is protected and that no one is left navigating New York’s intestacy laws during an already difficult time.
Contact MCV Law today for a free consultation to discuss wills, trusts, and other estate planning options. A little planning now can save your family from confusion, conflict, and unnecessary costs later on.