Legal Question in Wills and Trusts in New York

Re: Husband's rights to deceased wife's assets and property

Husband # 1 has no claim on the estate except what may have been left to him by will.

Husband #2 (Current Husband) is entitled to a minimum of $50,000 plus one-third of the estate.

I suggest you consult an attorney.

Re: Husband's rights to deceased wife's assets and property

Unless a Waiver of a Right of Election was signed, the surviving husband has a right to the personal property in the home and to a portion of the deceased spouse's estate

Re: Husband's rights to deceased wife's assets and property

A husband is entitled to share in his wife's estate. Pursuant to law, that share must be at least 1/3 of her assets. How the assets are divided may be up to the discretion of the executor if the wife had a will.

A husband must be notified if an application is made to Surrogate's Court concerning the distribution of assets.

I would recommend that you consult with an attorney.

Re: Husband's rights to deceased wife's assets and property

The previous husband has no rights or interest except as provided in the will. If he is in the will, then he has a right to view the will and other rights.

Good luck.