Legal Question in Wills and Trusts in New York

Simple answer - NO! Widow's right of election entitles you to a portion of the estate, not the entire estate, regardless of the duration of the marriage. You will get the widow's share of entire estate, and his daughter will get the balance. Since the C/D naming her is less than 1/2 of the total estate, she might be entitled to a portion of the balance. 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.

The spousal right of election does not apply when there is no will. In your case there is no will. Therefore, NY's intestacy statute applies, which states that a surviving spouse is entitled to the first $50,000 of an estate, plus 1/2 of the remainder. In your case it is not clear what other assets might have been in your husband's estate, such as a house, retirement benefits, etc. The entire estate, not just the various accounts you mentioned, needs to totaled up and you would be entitled to $50,000 plus 1/2 of the remainder. It seems yours is a situation where you should hire an attorney to help sort it all out. PLEASE NOTE that this is not intended to be legal advice, and it does not constitute the creation of an attorney-client relationship.