Legal Question in Family Law in New York

Re: Spoucal Will

In NY, a "Surviving Spouse" has the right to Contest a "Deceased Spouse's" Will or attempt to dispose of property in such a way as to deprive the "surviving" spouse of their "rightful" share or interest in a deceased' spouses' estate, per NY Law.

However, absent an existing Agreement or Court Order, a spouse usuallly does not have the right to dictate to the other, what they can or cannot do during their lifetime, with "personal" or "separate" property.

Good luck,

Re: Spoucal Will

NY State has a law entitling a surviving spouse (you) to 1/3 of the total estate of the deceased.

She can write the will and it is valid. The only change the courts will require is that 1/3 of the total will be subtracted before any other allocations are made. Her will will cover 2/3 of her estate.

Re: Spoucal Will

Most states have rules prohibiting completely disinheriting a spouse without spousal consent.

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