Prince, His Music Was Legendary. His Estate Plan Was Nonexistent. 🎵

What Does "Intestate" Mean?

When you die without a will, you die intestate and that means the state where you live steps in and decides who gets what. Not you. Not your family. The state.

New York intestacy laws follow a strict order that looks something like this:

• Spouse first- Your spouse inherits everything if you have no children

• Then children- If you have both a spouse and children, your spouse receives the first $50,000 plus half of the remainder, your children split the other half.

• Then parents, then siblings- if none of the above exist, it keeps going down the relative hierarchy line

• Then distant relatives- cousins, half-siblings, people you may not even know

Sound familiar? That's almost exactly what happened to Prince. When there's no will, the court doesn't ask who you loved, who you trusted, or who you wanted to take care of. It follows a formula- cold, legal, and completely indifferent to your actual relationships and wishes.

"But I Don't Have $200 Million..."

Fair point. But here's why intestacy matters even if your estate is only a fraction of Prince's:

Imagine a New York homeowner who's been with her partner for 12 years. They never married. She passes away without an estate plan. Under New York intestacy laws, her partner, the person she shared her life with, gets nothing. Her estranged brother she hasn't spoken to in a decade? He's next in line.

Or consider a Queens dad with two kids from a previous marriage and a new spouse. Without an estate plan spelling out his exact wishes, New York's intestacy formula kicks in and the distribution might look nothing like what he actually intended for his blended family.

An Estate Plan Puts YOU Back in Control

Estate planning is not just for the ultra-wealthy. It's for anyone who has:

• A home or property

• A bank account

• A business

• Children (especially minor children who cannot inherit anything if they are under 18)

• A partner, spouse, or loved one they want to protect

• Anyone they specifically want, or don't want, to inherit

A properly drafted estate plan makes sure your assets go where you decide. A trust takes it even further by keeping things out of probate, protecting privacy, saving on legal fees and costs, and making the transition smoother for everyone you leave behind.

Prince spent decades making sure every note of his music was exactly right. One afternoon with an estate planning attorney could have made sure his legacy landed exactly where he wanted it too. Instead, the courts spent years figuring it out for him.

Don't Let the State Write Your Story

Your life, your relationships, and your legacy are too important to leave up to a legal formula written by people who've never met you.

If you don't have an estate plan or if yours hasn't been updated in years, now is the time to fix that. Contact Sammartino & Sultan Law Group today to schedule your estate planning consultation. Let's make sure your wishes are crystal clear, legally protected, and ready to hold up no matter what.

Because unlike Prince's music, an unplanned estate is anything but timeless. 👑

From a planning perspective, clear documentation, updated beneficiary designations, and organized financial records reduce the risk that your own assets will become unclaimed property in the future.

This is especially important for those with multiple bank accounts, investment portfolios, or life insurance policies.

Preventing Your Assets from Becoming Unclaimed Property

Proactive estate planning is one of the best ways to keep your assets from being lost or forgotten.

• Maintain current contact information with banks, insurers, and investment firms so you continue receiving statements and notices.

• Consolidate small or inactive accounts when appropriate to make tracking easier.

• Keep beneficiary designations up to date on retirement accounts, life insurance, and payable-on-death accounts.

• Store a clear list of your accounts, policies, and digital assets with your estate planning documents so your executor can easily locate them.

  
  

Regularly reviewing your New York estate plan with your attorney helps ensure your documents and asset information stay aligned with your goals as life changes.

How We Can Help

If you believe you or a loved one may have unclaimed funds, start by searching the Comptroller’s database. Then, we can help you integrate any recovered assets into your New York estate plan or estate administration, ensuring they are properly accounted for and passed on according to your wishes.

Call Sammartino & Sultan today or contact us through our website to schedule a consultation with a New York estate planning attorney and take the next step toward protecting your family’s financial future.

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About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).