Legal Question in Wills and Trusts in New York

If your spouse dies before you, without a will, you will take the first $50,000 and one-half of the balance of the estate, with his children inheriting the rest.

Even if he has a will which leaves you less, you are entitled to get that amount.

Be aware that assets owned jointly with another are not part of the estate.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

I agree with Arnold, and suggest there at least be a Will. Since your children may get nothing if you predecease him, I suggest some planning, including a living trust, if you have created assets together and each wants to be sure all children participate, regardless of who dies first or last. 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.