Legal Question in Wills and Trusts in New York

If she is not mentioned in will or if left little, she has a minimum right of election of $50,000 or 1/3 of the net estate, which ever is larger.

This question involves application of New York Estates, Powers and Trusts Law (EPTL) section 5-1.1-A Right of Election by Surviving Spouse. As a general rule the answer previously posted is how EPTL 5-1.1-A works, however there are sometimes complex rules regarding "testamentary substitutes" and otherwise how a decedent's estate is computed. The attorney handling the estate on behalf of the executor will surely work this out. However sometimes there are reasonable disagreements as to how certain assets are treated for the purpose of EPTL 5-1.1-A, and for that reason more than one attorney may need to be brought in to ensure everyon's rights are protected.