Legal Question in Wills and Trusts in New York
Surviving Spouse's Right of Election
Under what circumstances can the Executor's accounting be set aside so that the surviving spouse can exercise the right of election?
Asked on 4/11/03, 10:41 pm
1 Answer from Attorneys
Arnold Nager
Arnold H. Nager, Esquire
Re: Surviving Spouse's Right of Election
The surviving, non-divorced spouse has an absolute right to "elect" to claim the amount he or she would receive in the absence of a will. This is a set amount plus either one-third or one-half of the balance, depending on the number of children.
My recollection is that there are definite time limits in which to make the election.
Answered on 4/13/03, 11:20 am
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