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The Importance of Having a Will After a Wrongful Death in New York

December 13th, 2013 Uncategorized
Fellows Hymowitz Personal Injury Law Living Trust Attorneys

If a loved one has died in a wrongful death accident, and they do not have a will, this could present many legal problems. The importance of having a will, guarantees that your assets will be dispersed as you wish.  A wrongful death accident can occur from a car accident, a botched medical procedure or a fatal medical condition. Protect yourself and your loved ones with having a legal will in place at all times.

Intestacy law determines the inheritance distribution between family members who are left behind.

The priority of intestacy law in New York includes:

-When there is a surviving spouse and parents, but no children or grandchildren, damages are distributed to the parents as well according to their pecuniary loss. Priority under intestate law if the spouse is living but no children, everything goes to the spouse.

-If one or both parents are living and no spouse or children, everything goes to the parents divided equally

-If the spouse is living and children, $50,000 and half of the estate go to the spouse, and the remainder of the estate is divided equally among the children of the same generation.

-If children are living and no spouse, everything goes to the children, divided equally of the same generation.

-When there is no living spouse, children, or parents, but parents’ children are living, the whole is divided equally among the children as long as they are of the same generation.

When children of different generations are involved:

-New York intestacy law states that a share is set-aside for each surviving child of the closest generation to the victim. Shares are set-aside for each deceased member of the first generation who left behind children. The shares of the deceased member are distributed among all of the children of the next generation.


The attorneys at Fellows Hymowitz P.C. have a record of success in handling a wide range of cases including serious injury claims. We bring the same individual commitment and dedication to each case, big or small. If you have been injured or sustained loss in any type of accident as a result of someone else’s fault call us for a free confidential consultation at 845-639-9300.

Fellows Hymowitz, PC, The Right Lawyers Make a Real Difference

Steve Hymowitz an extraordinary attorney!!!!
He was the 5 th attorney that I had called after I was In a bad car accident that I sustained lifetime injuries from. All the other attorneys said “no, sorry I can’t help you since you had a fender bender years ago with some minor injuries when someone hit you at a red light.
I was flabbergasted because the injuries I had prior, were so minimal . The debilitating and multiple issues I had in this accident, I knew would be lifetime struggle but Nobody would listen to me.
So calling Mr Hymowitz’s office, I was told it would be very tough and he would do extensive research regarding all aspects of this case and fight every detail on my behalf …and he did!!!!! His Practice being in New York and New Jersey was a plus for my case.

Lynn, his right hand paralegal, ( who guided me every step of the way) told me through this whole process you watch, “he’s amazing, he is an extraordinary attorney and you’ll be amazed at what he could do ….. she was right!!!!
Lynn made this process so much easier with her continued communication to me, her empathy and her tolerance!
I have been in the medical and business field for years prior to the accident. I feel that I was very lucky and blessed to have this very professional, respectful, and very educated Gentleman as my warrior who truly fought so hard for me!!! I loved that he always kept me in the loop with great communication!
I found him to be a very caring human being!

My settlement was more than I could’ve imagined!!
And that’s because he proved the truth of my injuries!

I am forever grateful for Steve Hymowitz!

- Christine Spicochi