Legal Question in Wills and Trusts in New York

estate

My husband past away. I am his second wife. Ist. wife (dead)- her name is on the deed to the house My husband left everything to his children. He left me only $ 2000. in checking acct. His pension goes to his children...His SS check only $100. a month. Because he collected the pension.

My question can I petition to stay in the house. I am 75 years old. Can they throw me out?


Asked on 3/26/09, 5:40 pm

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

Re: estate

In New York State you cannot disinherit a spouse. You may be entitled to a one-third share of the estate under the Right of Election law. I can help you with this. You may call my office to discuss the matter.

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Answered on 3/26/09, 5:51 pm


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