Legal Question in Wills and Trusts in New York
my mother passed away and her 5 children are the beneficeries on her accounts all living in NY, and in the will it is stated everyting to be split equally. she was remarried in Fl 2 years ago and her husband is not named, is he entitled to anything? I thought someone said the spouse gets 10% of the estate?
Asked on 9/18/14, 7:16 pm
3 Answers from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
A surviving spouse may elect to receive one third of the estate.
Answered on 9/19/14, 5:33 am
David Slater
David P. Slater, Esq.
He has a right of election, 30%. A spouse cannot be disinherited.
Answered on 9/19/14, 5:33 am
Arnold Nager
Arnold H. Nager, Esquire
But accounts with a named beneficiary pass to the beneficiary and are not part of the estate, ie: a joint bank account or an insurance policy with named beneficiaries.
Answered on 9/19/14, 8:02 am
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