Knowledgeable estate lawyers
The NY estate lawyers at The Law Offices of Jason W. Stern & Associates are among the most experienced in the world at recovering unclaimed assets of those who pass away without a will. Both Jason W. Stern and Matt Hunter have recovered countless unclaimed sums of money for the relatives of loved ones who died without a will in kinship proceedings. Many of these kinship cases were emotionally charged Holocaust cases, representing the survivors of those who lost their entire families.
When someone passes away without a will in the State of New York and has no close surviving relatives, the estate becomes a NY kinship case. The public administrator of the county where the decedent resided inventories the residence to determine lineage and whether an original will was among the possessions. If a will is not found, the public administrator arranges for the burial, then makes a preliminary search for the next of kin, also known as distributees or heirs. Notice goes out before the formal kinship trial. At that point the potential heir needs a kinship lawyer to preserve any rights of inheritance.
While the death of a loved one is hard enough on a family, the death of a loved one without a will is even worse. In such an instance, Chapter 17(B) of the N.Y.S. Consolidated Laws directs which parties are to receive the proceeds of the estate. This will be decided as follows:
- A surviving spouse is the primary beneficiary and is entitled to all of the assets of an estate if there are no children or grandchildren. If there are children, either marital or non-marital, the spouse receives the first $50,000, plus one-half of the remaining estate.
- Following the spouse will be the children, who are entitled to receive the proceeds in equal shares.
- Following them will be parents, siblings, aunts and uncles, nieces, nephews, and cousins.
In the event nobody comes forward to claim the estate, the State of New York would keep the proceeds. Simply stated, if someone dies without a will and without any close living relatives, distant relatives such as uncles, aunts, nieces, nephews, grandchildren, and even first cousins can inherit the proceeds of the estate. Inheritance rights are usually extinguished after first cousins, though a first cousin once removed may step up in certain instances. If nobody comes forward, the estate is held by the State of New York indefinitely.
Proving kinship
Allowing the State of New York to keep the proceeds of a NY estate is never an acceptable option at The Law Offices of Jason W. Stern & Associates. We are well versed in the area of NY kinship law and have a proven track record of successfully handling these complex cases. With the help of highly skilled genealogists we are able to thoroughly gather in-depth family histories to prove up lineage for both Surrogate’s Court and the Public Administrator’s Office, as required by estate law in these types of kinship cases.
The end result of our firm’s extensive NY kinship law experience is the ability to retrieve unclaimed sums of estate proceeds on behalf of the loved ones of relatives who passed without a will. If you believe you are the rightful heir to your distant relative’s estate, let our firm help you prove kinship. Contact us today to schedule a free consultation.