Legal Question in Real Estate Law in New York

My fiance and I plan on getting married. He says that if he shall die while we are married, I would get his SS, Pension and the home we are living in. His Lawyer did not write those words. He basically wrote if I sign this I am religuishing my rights as a wife. He then said Domicile law would go into effect. My Atty said there is no more Domicile Law. Is this true? He may have 2 houses by then...florida and NY. I just want one. I know he wants to take care of his relatives and I understand that, since he is getting married late in life. I would like to add, I have agreed, if we get divorced, I do not want anything of his.


Asked on 1/25/16, 8:40 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

A spouse cannot be disinherited unless she signs her rights away. If you are the named beneficiary you will have rights to his pension if it does not lapse on death. You would also be entitled to the home if you are listed as joint owner with right of survivorship. Listen to your lawyer.

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Answered on 1/25/16, 9:00 am


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