Descent and Distribution Forms

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Commonly Asked Questions about Descent and Distribution Forms

What is the difference between a beneficiary and a Distributee?

In the context of wills, a distributee is the beneficiary of an estate. A California Appellate Case, In re Berk, highlighted this meaning by referring to distributees and heirs of an estate synonymously. In the context of trusts, a distributee is a recipient of the proceeds of the trust.

Who is next of kin in NY State?

The order of priority generally is a spouse and children, parents and brothers and sisters. However, these rules can be very complex and proof of kinship can be difficult.

Who are the Distributees of a decedent in NY?

Under New York law, the distributees are determined in the following order: Spouse and children. If a decedent leaves a spouse and children, the spouse and children are considered distributees. However, if there is only a spouse and no children, the spouse is the sole distributee.

Who inherits if there is no will in New York?

Who Gets What in New York? If you die with:heres what happens: spouse but no descendants spouse inherits everything spouse and descendants spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else parents but no spouse or descendants parents inherit everything2 more rows

What are the inheritance laws in NY?

The first person in line to inherit everythingalso referred to as the heir-in-lawis the surviving spouse. If there are children in addition to a surviving spouse, then the spouse inherits the first $50,000 plus half of the estate. The children inherit everything else.

Does a spouse automatically inherit everything in NY?

Under New York law, a spouse who is legally married to a decedent at the time of their death has a right to inherit an elective share of the assets. If the decedent dies without a will and without children, the surviving spouse is entitled to the entire estate.