Additional Wills Information:
2022 New York Laws
EPT – Estates, Powers and Trusts
Article 4 – Descent and Distribution of an Intestate Estate
Part 1 – Rules Governing Intestate Succession
4-1.1 – Descent and Distribution of a Decedent’s Estate
Universal Citation: NY Est Pow & Trusts L § 4-1.1 (2022)
§ 4-1.1 Descent and distribution of a decedent’s estate The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8. Distribution shall then be as follows:
(a) If a decedent is survived by:
(1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation.
(2) A spouse and no issue, the whole to the spouse.
(3) Issue and no spouse, the whole to the issue, by representation.
(4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents.
(5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation.
(6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving grandparent or grandparents of the other parental side, or if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half. For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents.
(7) Great-grandchildren of grandparents, and no spouse, issue, parent, issue of parents, grandparent, children of grandparents or grandchildren of grandparents, one-half to the great-grandchildren of the grandparents of one parental side, per capita, and the other one-half to the great-grandchildren of the grandparents of the other parental side, per capita; provided that if the decedent was not survived by great-grandchildren of grandparents on one side, the whole to the great-grandchildren of grandparents on the other side, in the same manner as the one-half.
(b) For all purposes of this section, decedent’s relatives of the half blood shall be treated as if they were relatives of the whole blood.
(c) Distributees of the decedent, conceived before his or her death but born alive thereafter, take as if they were born in his or her lifetime.
(d) The right of an adopted child to take a distributive share and the right of succession to the estate of an adopted child continue as provided in the domestic relations law.
(e) A distributive share passing to a surviving spouse under this section is in lieu of any right of dower to which such spouse may be entitled.
Different Types of Beneficiary as defined by law:
While terms like legatee, devisee, distributee, and beneficiary might appear to be interchangeable, they each have specific and significant meanings in the context of estate law. To clarify:
- A **distributee** is someone who stands to inherit assets when an individual passes away intestate, meaning without a will.
- A **beneficiary** broadly refers to any individual entitled to assets from an estate, whether as per a will, trust, or other legal instruments.
- A **legatee** is an individual named in a will to receive personal property, which can range from monetary assets to personal effects.
- A **devisee** specifically refers to an individual designated in a will to inherit real property, like a house or land.
To illustrate these roles, consider a person who passes away without a will. In this situation, a court might identify a distributee based on statutory guidelines for inheritance. Conversely, a will might specify certain individuals to receive specific assets, designating them as legatees or devisees. These distinctions are crucial for several reasons, including determining eligibility to contest a will or demand an estate accounting.
In complex cases, such as those involving claims from non-marital children, an individual’s status as a distributee can be challenged and changed, impacting their entitlement to the estate. This was exemplified in the case of In re Reape, where a court ruling on paternity significantly altered the distribution of the estate.
Understanding Disqualification as a Surviving Spouse Under New York Law
Navigating the complexities of estate law can be daunting, especially when it comes to understanding the rights and disqualifications of a surviving spouse. In New York, the Estates, Powers, and Trusts Law (EPTL) provides specific guidelines under which a surviving spouse may be disqualified from inheriting from their deceased partner’s estate. Here, we’ll delve into these provisions with examples to elucidate the circumstances under which a spouse may be deemed ineligible.
Key Disqualifications Under EPTL § 5-1.2
Legal Separation and Divorce: A surviving spouse is generally entitled to inherit from their deceased spouse unless a valid final decree or judgment of divorce or annulment was in effect at the time of death. For instance, if John Doe passes away but had finalized his divorce from Jane Doe prior to his death, Jane would not be entitled to inherit as a surviving spouse.
Void Marriages: Marriages that are incestuous, bigamous, or otherwise prohibited under New York law are considered void. If a marriage is found to be void due to these reasons, the surviving partner does not have the right to inherit. Imagine a scenario where Mary and Tom, unknowingly first cousins due to a family secret, are married. Upon Tom’s death, the discovery of their consanguinity renders their marriage void, disqualifying Mary from inheriting.
Out-of-State Divorce: If a spouse obtained a divorce from the deceased in another state or country, and that divorce is not recognized as valid in New York, they may still be considered a surviving spouse under New York law. However, if the out-of-state divorce is recognized, they would be disqualified. For example, if Alex obtained a divorce from Jamie in a country with laws not recognized by New York, and Alex tries to claim survivor benefits, the New York courts would need to validate the foreign divorce’s legitimacy.
Judicial Separation: A decree of separation against a spouse, valid under New York law and effective at the deceased’s time of death, disqualifies the spouse from inheriting. If, for example, Casey was legally separated from Morgan with a decree in effect when Morgan died, Casey would not be entitled to inherit as a surviving spouse.
Abandonment: A spouse who abandoned the deceased and continued this abandonment until the deceased’s time of death is disqualified from inheriting. Consider a situation where Dana left Jordan and had no contact for several years until Jordan’s death; Dana would likely be disqualified from inheriting under the abandonment clause.
Failure to Support: A spouse who failed to provide support to the deceased spouse, despite having the means to do so, can be disqualified from inheriting. If Sam failed to support Pat, despite having adequate resources, and this continued until Pat’s death, Sam could be disqualified from inheriting as a surviving spouse.
Navigating Complex Situations
The application of these rules can lead to complex legal situations, especially when dealing with out-of-state decrees, abandonment, and failure to support. Legal professionals often use hypothetical scenarios to illustrate these complexities and help clients understand potential outcomes in their cases.
Professional Guidance is Key
2022 New York Laws
EPT – Estates, Powers and Trusts
Article 5 – Family Rights
Part 1 – Rights of Surviving Spouse
5-1.2 – Disqualification as Surviving Spouse
Universal Citation: NY Est Pow & Trusts L § 5-1.2 (2022)
§ 5-1.2 Disqualification as surviving spouse
(a) A husband or wife is a surviving spouse within the meaning, and for the purposes of 4-1.1, 5-1.1, 5-1.1-A, 5-1.3, 5-3.1 and 5-4.4, unless it is established satisfactorily to the court having jurisdiction of the action or proceeding that:
(1) A final decree or judgment of divorce, of annulment or declaring the nullity of a marriage or dissolving such marriage on the ground of absence, recognized as valid under the law of this state, was in effect when the deceased spouse died.
(2) The marriage was void as incestuous under section five of the domestic relations law, bigamous under section six thereof, or a prohibited remarriage under section eight thereof.
(3) The spouse had procured outside of this state a final decree or judgment of divorce from the deceased spouse, of annulment or declaring the nullity of the marriage with the deceased spouse or dissolving such marriage on the ground of absence, not recognized as valid under the law of this state.
(4) A final decree or judgment of separation, recognized as valid under the law of this state, was rendered against the spouse, and such decree or judgment was in effect when the deceased spouse died.
(5) The spouse abandoned the deceased spouse, and such abandonment continued until the time of death.
(6) A spouse who, having the duty to support the other spouse, failed or refused to provide for such spouse though he or she had the means or ability to do so, unless such marital duty was resumed and continued until the death of the spouse having the need of support.
