Legal Question in Family Law in New York
Spoucal Will
Can my wife in her i r a,s will,s deferred comp and will cut her husband [me]out and leave everything to the children?
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3 Answers from Attorneys
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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