New York Wrongful Death Laws

You have lost a family member or a close friend. It is a time to grieve, not a time to be confused about the legal issues left behind that you must deal with. If your loved one was left without a will, legal matters can make this grieving time even more stressful and confusing.

Intestacy law determines the inheritance distribution between family members who are left with the estate of the loved one who has passed away.

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

For further information on intestacy law, visit justice.gov.

Meyerson and O’Neill law firm specializes in these types of cases. If you are looking to speak with a New York wrongful death attorney, please contact us at 877-373-8059.