Legal Question in Wills and Trusts in New York

I commenced a divorce action against my spouse over a year ago which was still ongoing when my spouse died testate. Their will (created after I commenced the divorce proceeding) explicitly disinherited me, but I know that in New York and elective share supersedes a disinheritance clause.

However, what I do not know is: does the commencement of the divorce action terminate an elective share? I cannot find any case law on this topic, but it seems rather odd that I could take my elective share in a spouse's estate that I am divorcing.......


Asked on 9/24/12, 7:26 pm

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

No. You are his spouse.

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Answered on 9/25/12, 7:24 am


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