Legal Question in Wills and Trusts in New York

Unless your wife's two children are on the deed, the house becomes part of her estate.

Under NY law, a surviving spouse is entitled to inherit a portion of the estate, together with any children.

If she has a Will leaving nothing to the surviving spouse s/he may file an election to receive property in accordance with the statute.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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