Legal Question in Wills and Trusts in New York

My father in law recently died and in his will he named my husband(his son) and his brother as Executors and they are also a beneficiaries. In the will he left his a certain amount of money to his 2nd wife (of only 9 months). The other beneficiaries are not happy about this amount. In part of the will it states that if any of the parties named in the will fail to agree upon the division and distribution of such property then he authorizes the said Executors in their sole discretion to determine any questions which may arise and as to the division and distribution of the same, the decision of my Executors shall be final and binding. Does this mean that my husband has the right to change the amount that the 2nd wife should receive?

Asked on 8/26/14, 4:59 am

David Slater David P. Slater, Esq.

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No one can answer properly without reading the will.

Answered on 8/26/14, 5:31 am

Arnold Nager Arnold H. Nager, Esquire

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Furthermore, the wife may exercise her right of election against the estate.

Answered on 8/27/14, 5:37 am

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