Dying Without A Will In New York

Filed Under Estate Administration · Tagged:  

New York, like other states in the nation, has a set of laws that apply to the situation where a person dies without a will.  This is known as the person dying intestate.  These intestacy laws are the rules and procedures for determining how to distribute the assets and property of the deceased when there is no will available.

The legal consequences of dying without a will can depend on a number of things including, how much property and assets the deceased had at the time of his or her passing and whether or not he or she has a surviving spouse and/or children.

While the New York rules for distribution will need to be applied to each case individually, the general rules are as follows:

  • If there is a surviving spouse and children, then the spouse will get fifty thousand dollars and one-half of the estate, while the children will receive the balance. 
  • If there is a surviving spouse and no children, the spouse will get all of the assets and property. 
  • If there are surviving children but no spouse, then the estate is divided between the children equally by representation.
  • If there is one or more surviving parent, but no spouse and no children, then the estate is given to parent or parents.
  • If the deceased has no surviving spouse, no children and no parents, then the estate is divided between any surviving siblings, by representation.
  • If there are no parents, children, spouse or siblings, but there are surviving grandparents and aunts and uncles, then half goes to the paternal grandparents or if they are not alive then to any of their children in by representation.  The other half will go to the maternal grandparents, unless they are not living then to any of their surviving children by representation. 

Under New York law half blood relatives are treated as if they were whole blood relatives and if a child was conceived before person dies but is born after, they will be treated as if they had been born in his or her lifetime.  You should also realize that before distribution can take place, reasonable debts of the deceased, costs of intestate administration and reasonable funeral expenses will be deducted from the estate.

Administering an estate without a will can be confusing without the help of an experienced estate attorney.  The best way to understand how these New York intestacy laws will apply to the estate of a person who has died is to consult a legal professional.  An estate lawyer can help you determine whether or not legal proceedings are necessary and can guide you through other matters that will need to be handled as part of the intestate administration.

Family Member Dies Without A Will

Filed Under Estate Administration · Tagged:  

If one of your family members or someone close to you dies without a will or other estate documents prepared you may be wondering what you need to do.  In addition to the loss and sorrow you might experience with the passing of a loved one, whether unexpected or not, you may be confused about how to proceed.  You may also be wondering how certain property will be distributed between those who are left behind.  During this time of confusion and loss the help of an estate attorney can be valuable.

Intestate is the word used to describe the situation where a person dies without a will.  A will is the document that sets forth the desires of the deceased with regard to how his or her property should be distributed between those left behind.  If there is no will, then the default is to use the intestacy laws or statutes that have been enacted by the state.
These laws can vary from state to state but they generally include the procedures for allocation and distribution of the property and assets of the person who has died.  The rules for who is entitled to property are sometimes referred to the rules of succession.

One question you may have is whether or not you need to file anything with the court.  Whether or not any court proceeding is necessary is usually determined by the value of the assets owned by the deceased at the time of death and whether or not they owned any property.

The fewer assets owned by the person who died, then generally the simpler the administration of the estate.  If the person owned real property, then collecting and administering that property can be more complicated than if only money is involved.  Whether or not the person was married at the time of death can also affect how the estate should be administered.  Administering an estate without a will is particularly complicated if there are children, as well as a spouse, that are left behind.

Administering an estate without a will can go more smoothly when you involve a legal professional.   An attorney who specializes in intestate administration can help you figure out the best way to proceed and understand the legal consequences of intestate.  An estate lawyer can help you determine what documents if any need to be filed, how to communicate with banks, the DMV or other agencies that might need to be notified of the person’s passing.  The Law Offices of R. J. Salvato have the legal expertise and experience to help you navigate this difficult period.

Starting a business in Orange County, New York

Filed Under Business Law, Per Diem Legal Services · Tagged:  

Starting a business can be challenging and at times involve very tedious work. From all the paperwork involved, to all the number crunching it is important to have a qualified attorney by your side so all the processes are completed properly, ensuring no future problems and preventing future costly legal issues.

When it comes to starting a business in Orange County, New York, you need to remember that everything must be kept on record.  This means filing the appropriate paperwork (Articles of Incorporation, Articles of Organization, etc.) with New York State or with the Orange County, NY county clerk's office (in the case of a DBA).  If there are partners involved, it involves setting up a thorough operating agreement document that could literally save your company, your friendships and relationships, and even prevent you from falling into financial ruin in the future.

There are also legal hurdles that you'll need to consider when starting a business.  A couple such legal hurdles include selecting a name for your company and coming up with a company logo while making sure that neither infringe upon anyone else's legal rights.  In fact, choosing a name for your new company can be one of the most challenging parts of starting a business. You need to create a name that describes your company, but at the same time stands out and is easy to remember.  There are also appropriate legal checks that must be done to help determine if that name is available for you to use without running the risk of being sued.

A business attorney will also help you in deciding which legal entity is most appropriate for you given your current business and personal circumstances.  There are important differences between an s-corporation, a c-corporation, LLCs, partnerships and sole proprietorships.  One of the most popular forms of business is the sole proprietorship, or a business in which there is only one owner who personally accepts all legal and financial liability for the company.  In Orange County, New York starting a business is fairly straightforward for the sole proprietorship and the filing fees are minimal compared to other business forms.  However, make sure to check with an attorney to make sure you are not setting yourself up for legal danger by doing so.

If you are forming a sole proprietorship you will file a document referred to as a "DBA" which stands for "doing business as".  So, for example, you might be John Smith doing business as Widget World.  Once you've  filed your business with the appropriate government departments whether in Orange County, NY or with New York State, you can now go on to receiving your tax ID number. If you have a business attorney helping you along the way, which is recommended, they will be able to use this number to set up your business accounts for you. Using these tax numbers and your accounts properly can lead to your company saving significant sums of money when taxes are due so be sure to use a qualified business attorney that understands business law.

Getting an attorney to assist you with forming your agreements and filing all of your paperwork is a great advantage. In the long run the attorney will end up saving you more money then you could on your own and will more than pay for themselves. Do yourself a favor and contact us today to discuss how we can help you set up your business properly.