Legal Question in Wills and Trusts in New York
Who's entitled?
Before he married, my brother drew up a will leaving everything he had to his siblngs. He then married, then died , leaving no children. My other brother, the executor, has hired a lawyer who has filed the will for probate. In fact, we didn't know about the will until it was delivered to us by the widow. My brother, the executor, says that the lawyer handling the probate informs him that the widow is entitled to half and the siblings half. Is the lawyer correct?
3 Answers from Attorneys
Re: Who's entitled?
I would need to see what the will says in order to properly determine what, if anything, you would be entitled to.
Feel free to contact me should you like to discuss this further.
Kind regards,
Peter Moulinos
Re: Who's entitled?
Most states, NY included, have statutes that allow a widow a share of the estate, where the Will is old and has not been updated, or where the spouse has neglected to name a recent spouse. It seems your brother's Will falls within this category. You can usually check the law at the Surrogate's web site, or another online legal site, as there may be exceptions or nuances that might reduce the share to which the widow is entitled.
Re: Who's entitled?
The widow can elect to take an intestate share, what she would have received without a will.
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.
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