Legal Question in Wills and Trusts in New York
Effect of will drawn by bachelor, now married
As a bachelor, my brother left all his property to his siblings. Then he married and did not draw up a new will. He is now deceased. Except for the part of the estate that is legally due the surviving spouse, is any provision in the will still valid?
2 Answers from Attorneys
Re: Effect of will drawn by bachelor, now married
The surviving spouse may exercise a right of election and take against the Will.
This would be the greater of $50,000 or 50%.
Assets jointly held or with a named beneficiary pass outside the estate.
This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.
Re: Effect of will drawn by bachelor, now married
After the right of election, if there are any additional assets after debts are paid, the will would be valid, so long as it was executed correctly and your brother had the capacity to make the will at the time he did so.
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