Legal Question in Wills and Trusts in New York

I have been living away from my wife for 4 years . I have a new will leaving all of my things to a Friend . What will happen if i die and im still married . Who pays off my debts , who gets my 1/2 of my house , does the Will make a difference ? I was told that my wife would get 51 % of the house . Would she get to pay off my debtes ?


Asked on 9/02/09, 8:43 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If the house is in joint name with your wife, upon your death your wife would receive 1/2 the house. If not, the house would pass pursuant to your will.

That does not mean that the law allows you to ignore the spouse. Under the law the wife has a right of election. In other words, she is allowed $50,000 of your estate.

Mike.

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Answered on 9/07/09, 10:05 am


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