Legal Question in Wills and Trusts in New York
probate, wills, estate
What are the rights for the family of the deceased if the will stipulates the spouse receives an exact dollar figure, and then decides to exercise his right of election? Can anything be done if the surviving spouse did not contribute any income to the household?
1 Answer from Attorneys
Re: probate, wills, estate
A surviving spouse who is not barred by certain acts, such as abandonment, release, waiver, etc., may execrcise a statutory right of election to receive an intestate share.
This is $50,000 plus one-half of the balance of the estate.
Note that this does not apply to jointly held property, or property with a named beneficiary.
Contact me for additional help with this matter.
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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