Legal Question in Wills and Trusts in New York

Will controls, but surviving wife may have some rights that may defer transfer of the property or may even defeat it. I have not read the Will nor do I know anything about the estate of the decedent. More facts are needed to provide a better answer. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.

Easiest to do a new will. The wife has right of election in NY (33.33% of the value of the estate) and may be able to maintain some control that way if the will is not rewritten.

If the property is deeded in the name of Father and Mother, as tenants by the entirety or as husband and wife, the deed controls and you may ignore the will. By operation of law the property goes to the mother.

If the property is deeded only in the name of the father, the will controls (mom still has a right of election) and you may want to have the father sign a new will.

Mike.