Legal Question in Wills and Trusts in New York
My father was married in 1988 to his 3rd wife. They bought a house together in 1989. She moved out for good(abandonment) a year later in 1990. They saw each other on the weekends until about 10 years ago. My stepmonster was in the hospital for some sort of surgery. My father was there until the doctor came out and told him that it would be a while before she came to and to go home to shower and get something to eat. She woke up when he was gone and was infuriated. She has had nothing to do with him since then(roughly 10 years ago) - she wouldn't even talk to him. He died 2 weeks ago and she has resurfaced. She has changed the locks on his home - she bought her own house 2 years ago. I understand that the house is hers because her name is on the deed. Has she lost her rights as a surviving spouse in regards to her elective share of his estate because of her desertion? She was left nothing in his will. Does she only have a claim in the house and no claim on anything else? The only other things to consider are the contents of his home and his car. We shared a joint bank account which I have closed(right of survivorship). Do I have a case against her for abandonment? Thank you for your time. (We live in NY)
1 Answer from Attorneys
Q. Has she lost her rights as a surviving spouse in regards to her elective share of his estate because of her desertion?
A. No. Based on your question they were still legally married.
Q. Does she only have a claim in the house and no claim on anything else?
A. No. The house passes to her by operation of law since her name was on title as the wife of your father. She is still entitled to an elective share under the will.
Q. Do I have a case against her for abandonment?
A. You mean does the estate have a case for divorce against the wife based on abandonment. The answer is no. You cannot have a divorce action after the death of one party.
Mike.
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