Estate Law 102: No Will Left Or Left Off Will

Believe it or not, even residents in the Astoria area are often in a situation where their loved one dies without leaving behind a will. A person who dies without a will is called an intestate. Intestacy laws are a set of NY state laws that will decide what a person in this situation is or is not entitled to. There are also other more malicious ways that someone may be left out of a will. Quite often, a child or spouse is purposely left out of an estate thereby being disinherited from their default rights and their status as legal heirs. There are also many intricate probate laws and processes that will play a big impact in how these situations unfold and end. That’s why it’s absolutely critical to immediately contact an estate & probate attorney if you are involved in any such issue.

Being left out a parent’s will often comes as a shock to children who are often confused about their rights in such a situation. Fortunately, the law provides rights to disinherited heirs which they can explore with a qualified probate attorney. First of all, the next of kin are entitled to be notified of any will that is offered for probate in court. The point of the notification, called a citation, is to allow the family member to come forward and explore the legitimacy of the will being offered for probate.

Once served with a citation, the disinherited party should work with their probate attorney to conduct 1404 examinations and decide if a formal will contest is warranted.

Contributed by

Astoria Estate Lawyer:

Law Offices Of Roman Aminov 35-37 36th St Astoria, NY 11106 (718) 971-9555


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