Full intestacy table for New York (NY) is rendered on /islamic-prenup/new-york. New York is an equitable-distribution state. A spouse and children: spouse takes the first $50,000 plus half of the balance; descendants take the rest. A spouse but no children: spouse takes everything. Parents excluded when children survive. Notice what is missing from every U.S. state intestacy framework: Faraid. The Quranic shares for parents (each 1/6 minimum when children survive), for siblings under various configurations, and for the spouse (1/4 wife with children; 1/8 wife without; 1/2 husband with children; 1/4 husband without) are simply not implemented. The only way to bring Faraid back is a state-law-valid Islamic will, paired with an elective-share waiver for the surviving spouse (typically in an Islamic prenup or postnup). Regime classification: equitable-distribution.
Key Takeaways
- 1New York is a equitable-distribution state.
- 2Intestacy controlling statute: New York Estates, Powers & Trusts Law § 4-1.1.
- 3Without an Islamic will, New York's intestacy rules will distribute the estate — Faraid is not the default.
- 4An Islamic prenup with elective-share waiver is required to fully preserve Faraid against the surviving-spouse claim.
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Primary source data for /islamic-prenup/new-york state page intestacy table.
Estate planning hubCitation
State of New York (legislature). New York Estates, Powers & Trusts Law § 4-1.1.
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