Having an estate plan in place that addresses one’s current family circumstances is imperative. The consequences could be dire if a client does not have a will in place or if his existing will does not address his current specific family structure and dispositive intentions. Intestate succession statutes (which determine who receives the assets of an individual who dies without a will) generally provide for assets to be distributed according to a family tree, but families can be disparate, e.g., blended families with children from previous marriages.

It is very possible that intestate succession will not reflect a person’s family situation, resulting in unintended consequences. Problems are also likely if a client does not adapt an existing will to significant changes in family structure, especially in the context of divorce, remarriage or a domestic partnership outside of marriage.

This article will discuss the pitfalls of intestate succession, the effect of divorce on an estate plan under New York law specifically, and the need to address changes in a client’s family structure with careful planning customized for the client’s specific situation and testamentary intent. 

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