Legal Question in Wills and Trusts in New York

If a couple never got married in a civil ceremony, and then the husband died, however they did get married in a jewish erligious ceremony, is their marriage recognized by NY state? This is a second marriage, they were married for 8 months, and there were 4 children from the previous marriage who are entitelled to his estate. What are the new wife's rights?


Asked on 4/21/10, 7:03 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Presuming no pre-marital or post-marital agreements, a valid marriage ceremony where conducted and probably a kitubah as evidence, and depending if there was or was not a Will, the new wife either has the right to take against a Will if she is left nothing, or take by the intestacy statutes of NY if there is no Will.

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Answered on 4/26/10, 7:51 pm


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