Legal Question in Wills and Trusts in New York

Re: What are my rights, as a spouse, if my husband dies?

If there is no Will you, as the surviving wife, are entitled to the first $50,000 of your husband�s estate, and one half of the excess. Your children will share the remaining one half of the excess over $50,000.

Of course, each of you and your husband should have a Will so that your wishes are carried out and your children are protected.

Re: What are my rights, as a spouse, if my husband dies?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I feel you should ask your husband to make a Will, because if he dies without one, Guardians will be appointed by the Ciurt to represent the interests of your minor children, all of which will be charged to the estate.

In addition, your husband might wish to consider placing the house in Joint Tenancy with you. That way, upon the death of either of you, the house would pass automatically to the survivor.

Re: What are my rights, as a spouse, if my husband dies?

While I agree with Norman and Arnold, that either or both of your thoughts (adding your name to the Deed and having your husband create a Will naming you and the children) are appropriate, you may not have provided all facts, such as does he have other children, how is your marriage (only or second for him), etc. The intestacy laws (dying without a Will) offer protection to you and the children, although what each of you may get depends upon the value of his assets and their type (real estate, bank accounts, retirement plans, etc.) and how the assets are registered or who is designated as benefriciary. I recommend that both you and your husband see a good estate attorney who can review your assets, family situation, special concerns, etc., and then prepare appropriate documents. This is a response to any Internet question and the reply is not intended to be legal advice or to create an attorney-client relationship.

Re: What are my rights, as a spouse, if my husband dies?

Easiest is to put your name on Deed.

That means a new deed being drawn in both your names as tenants in the entirety. Then there will be no probate and the property will pass to either of you on death of the other by operation of law.