Legal Question in Wills and Trusts in New York
Modifing a Will
In New York State, if a husband
and wife have a signed legal will;
can either member (husband or the
wife) modify (such as remove
entitlements) the will, without the
knowledge or consent of the other?
Asked on 9/17/08, 5:45 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Modifing a Will
If each has a separate will (2 documents), then either may modify their will without telling the spouse. If it is a joint will (1 document signed together), then notice must be given to the spouse.
However, under law even if the husband wants to remove the wife from receiving any inheritance (or vice versa), there is a $50,000 right of election. Simply put, a spouse is always entitled to $50,000 from the estate.
Mike.
Answered on 9/18/08, 8:29 am
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