A Will sets forth a person’s directions with respect to the direction of his or her assets after death. Without a properly executed Will, the laws of intestacy will apply to the distribution of a person’s assets. Many clients assume that the laws of intestacy will suffice. However, the surviving family's situation may require under the law, the delivery of assets to persons whom the deceased did not want to receive any benefits. A written will can concisely and completely lay direction to the survivors as to how the deceased's wishes can be accomplished without conflicting with any laws. In other words, a writing is preferable to permitting the law to arbitrarily dictate those who are going to inherit from the deceased.
If you die without a will, the assets in your name will be distributed by a Court-appointed administrator among your family members pursuant to a statutorily fixed priority. The New York State Legislature decided that the rules known as "Distribution Rules of Intestacy" would be preferable in most situations.
IF YOU ARE SURVIVED BY: