What happens to assets if there is no will?

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Preparing a will is very important so your loved ones have an idea of your last wishes are when you pass away. However, there are some situations where a person passes away and they have not prepared a last will and testament. The state of New York has created a system of who the remaining assets will be distributed to if the decedent has failed to prepare a will.

If the person has a spouse but they do not have any children, the spouse inherits all of their assets. If the person who passes away has children but does not have a spouse, the biological and adopted children will inherit. However, foster children and stepchildren will not be able to inherit anything. If the person has a spouse and children, the spouse will inherit the first $50,000 and half of the balance. The children will inherit all other assets. If the person does not have a spouse, children, or parents and only has siblings, the siblings will inherit all remaining assets.

Of course, many people have an idea of who they want their belongings to go to when they pass away and it may not always line up with what the state says. Therefore, it is important that you create a will so all of your belongings go to the people you want to get them.

If you need assistance in creating a will, contact an experienced wills, trusts, and estates attorney today.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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