Legal Question in Wills and Trusts in New York
Spousal Right of Election - Will
Hello! Understand the strict protection under the law for Spouse's Right of Election. One can disinherit their children but not their spouses. However, in a situation where there's existing severe tension in the marriage (yet no immediate plan for divorce) & one spouse has considerable more wealth than the spouse. Is there anything at all that can be when preparing the Will to avoid leaving the spouse the legally imposed 1/3?
Desperately needing a suggestion or help on this issue. (Residing in the State of N.Y.)
Thank you.
2 Answers from Attorneys
Re: Spousal Right of Election - Will
Although Warren's advice is correct, there is another option.
The spouse may waive his or her right of election. Sometimes this may be done through agreement.
Mike.
Re: Spousal Right of Election - Will
Get a divorce before you die.
The right of election is there for the spouse's protection and if you dont want to leave him/her anything you need to terminate the relationship before the death.
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