Legal Question in Wills and Trusts in New York
My parents got divorced 10 years ago. This past
April my Dad was diagnosed with terminal cancer, he made a Will naming me the executor and myself and two sisters the main beneficiaries. Now to everyone's shock my parents are getting remarried. my question is, in New York, does this Will still stand or can my Mom contest it?
3 Answers from Attorneys
In New York, a surviving spouse has rights to the estate without directly challenging the will.
More specifically,
Generally, a surviving spouse may file a "Right of Election" which would entitle him/her to take a share of the deceased spouse's estate. Generally, this "election" must be made within six months from the date letters testamentary issue to the executor, but in no event later than two years after the decedent's death; and may entitle her/him to the greater of $50,000.00 or one-third of the net estate. (NY EPT Law Sect. 5-1.1-A).
Also licensed in New York.
Keep in mind that assets held jointly or with a named beneficiary pass directly and are not part of the estate.
I agree, and there may be reasons for this that go beyond the estate-sharing possibility. You may want to speak to your Dad and see what motivated this.