Understanding Disposition of Remains and Intestate Succession in New York by Barry E. Janay, Esq.

When a loved one passes away in New York, families often face two important legal matters: the disposition of remains and intestate succession. While these concepts might sound complex, understanding them is crucial for proper planning and peace of mind. Let’s break them down in simple terms.

Disposition of Remains: The Immediate Concerns

When someone dies, the first thing to address is what happens to their body. This is called “disposition of remains.” In New York, it’s not just about what to do, but who gets to decide.

Who Makes the Decisions?

New York law gives decision-making power to:

1. The person you choose (by filling out a form while alive)
2. Your spouse or domestic partner
3. Your adult children
4. Your parents
5. Your adult siblings

Important Note: Domestic partners have equal rights to spouses in this process. This recognition is crucial for many New York families.

What Decisions Need to Be Made?

• Burial or cremation?
• Where will the funeral be held?
• What kind of service should there be?

These decisions need to be made quickly, usually within days of the person’s death.

Intestate Succession: What Happens to the Stuff?

“Intestate succession” is a fancy way of saying “who gets what when there’s no will.” If someone dies without a will in New York, the law decides who inherits their property.

Who Gets What?

The order generally goes:

1. Spouse or domestic partner (and children, if any)
2. Parents (if no spouse/partner or children)
3. Siblings (if no spouse/partner, children, or parents)
4. More distant relatives

Again, domestic partners have the same rights as spouses here, which is a big deal in New York.

Key Differences from Disposition of Remains

• Timing: While remaining decisions are urgent, dividing up property can take months or even years.
• Flexibility: With remains, you can leave instructions. With intestate succession, the law decides everything unless you have a will.

Why This Matters

Understanding these concepts helps you:

1. Plan for your own wishes
2. Know your rights when a loved one passes
3. Avoid family conflicts during a difficult time

At The Law Office of Barry E. Janay, P.C., we’re here to help you navigate these complex issues. We offer video consultations to discuss your specific situation and ensure your wishes are respected under New York law. Remember, while disposition of remains deals with immediate decisions about the body, intestate succession determines long-term asset distribution. Both are important, and both recognize the rights of domestic partners in New York. Planning can make a world of difference. Don’t hesitate to reach out for professional guidance to protect yourself and your loved ones.

Barry E. Janay, Esq. JD/MBA

Principal and Founder at The Law Office of Barry E. Janay, P.C.

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