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

December 13th, 2013 Uncategorized
Fellows Hymowitz Rice 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 Rice 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 Rice, PC, The Right Lawyers Make a Real Difference