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New York Intestacy Laws and Estate Distribution
https://legiswiki.com/en/p/10173/new-york-intestacy-laws-and-estate-distribution
New York's intestacy laws, outlined in the Estates, Powers and Trusts Law (EPTL), govern how a decedent's estate is distributed when there is no valid will. The distribution is based on the decedent's marital status and the presence of children or other relatives. Distribution Rules Spouse and No...
Disinheritance of Children in New York Estates
https://legiswiki.com/en/p/10176/disinheritance-of-children-in-new-york-estates
In New York, parents have the legal right to disinherit their children. This means a parent can exclude a child from inheriting any part of their estate by either expressly stating the disinheritance in a valid will or by simply not making any provision for the child in their estate plan. Key points...
Elective Share Rights in New York Estates
https://legiswiki.com/en/p/10175/elective-share-rights-in-new-york-estates
In New York, the Elective Share is a legal right that protects a surviving spouse from being completely disinherited by allowing them to claim a statutory portion of the decedent’s estate, regardless of the will’s provisions. This right is governed by New York’s Estates, Powers and Trusts Law (EPTL)...
Statute of Limitations for Contesting a Will in New York
https://legiswiki.com/en/p/10180/statute-of-limitations-for-contesting-a-will-in-new-york
The statute of limitations for contesting a will in New York generally depends on the grounds for contesting and when the will was admitted to probate: Standard Deadline: Typically, a will contest must be filed within two years from the date the will is admitted to probate in Surrogate’s Court. So...
Contesting a Parent's Will in New York
https://legiswiki.com/en/p/10172/contesting-a-parents-will-in-new-york
Contesting a parent's will in New York involves several key considerations and legal grounds. Here's a summary of the process and requirements: Legal Grounds for Contesting a Will To contest a will in New York, you must have valid legal grounds. These include: Lack of Testamentary Capacity: The de...
Impact of Remarriage on Estate Planning and Inheritance
https://legiswiki.com/en/p/10178/impact-of-remarriage-on-estate-planning-and-inheritance
Remarriage can significantly affect estate planning and inheritance, impacting both the distribution of assets and the rights of beneficiaries. Here are some key considerations: 1. Estate Plan Updates Remarriage often necessitates updating an existing estate plan to ensure it reflects the new famil...
Understanding the Rights of Heirs When a Property Title Remains in an Estate for Years
https://legiswiki.com/en/p/10157/understanding-the-rights-of-heirs-when-a-property-title-remains-in-an-estate-for-years
When a property title remains in an estate for years, typically because the deceased owner did not leave a legally binding will, the property is considered heirs' property. This means the property is informally owned by multiple heirs who hold fractional interests, but the official title remains in...
North Carolina Intestate Succession Laws and How They Affect Property Ownership
https://legiswiki.com/en/p/10147/north-carolina-intestate-succession-laws-and-how-they-affect-property-ownership
North Carolina intestate succession laws govern how a deceased person's property is distributed when they die without a valid will. These laws affect both personal property (e.g., furniture, cash, jewelry) and real estate (e.g., houses, land) and prioritize distribution among surviving family member...