Legal Question in Wills and Trusts in New York

Re: Contesting a Will

You have not indicated whether or not the widow is your mother or a different spouse? In any event, the law of your father's domicile (where his intent indicates his residence to be) controls. Thus, if NY was his State of domicile, NY law controls the administration of his estate, regardless of where the Will was drawn. You also do not say, if the spouse was not your mother, what your father's estate may provide by assets outside the Will (e.g., did he have joint assets with her that she gets by virtue of surviving him, or had he designated her in life insurance or retirement plans, as his beneficiary? In short, does the Will cover his entire estate and assets, or are there assets to she will inherit outside the Will? I ask this as most states have laws that protect a disinherited spouse, even if she is not the mother of the decedent's children. This is commonly known as a Widow's Election law, which entitles the widow to a minimum share of the decedent's estate. This law, however, has several calculations that need to be made, which include the widow's inheritance of assets that go outside the Will (such as joint assets, or being the beneficiary of life insurance and/or retirement plans), plus many states also take into account what personal assets the widow may have in her own right. Finally, if this was a second marriage, was there any premarital agreement that might cover this issue? More information is needed to givge you a more complete, other than general, answer to your question.

This response does not constitute an attorney-client relationshio, but is merely intended to provide general information in response to an Internet question.