If someone dies without aWill who inherits?

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If someone dies without aWill who inherits?

Deceased left a spouse, no children, living parents, living siblings.

Asked on August 11, 2011 New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, when someone dies without a Will they are said to have died "intestate". In such a circumstance as this, state intestacy law controls the distribution of their estate. The applicable state law is the one in which the deceased was domiciled as of the date of their death. Assuming that to be NY, under the controlling statute, the surviving spouse shall be recognized as being the sole legal heir since the deceased had no children. The living parents and siblings have no claim.


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