Legal Question in Wills and Trusts in New York
my wife passed we a home together and my wife owned a home alone I want to file a notice of renunciation and disclaimer of interest in my wifes will in her will she leaves everything to me I want it to go to our children bypassing me .my question is once I file the diclaimer of interest with surrogate court our children would receive the home my wife owned alone and half the home we owned together correct and I cannot change my mind after. we live in ny state thankyou
1 Answer from Attorneys
You can fashion the Disclaimer to accomplish what you want; e.g., giving the entire second house to the children and only disclaiming half of the marital residence. However, be sure to preserve a life estate in the marital home within the Disclaimer, or you could be at risk that the children could bring an action for partition and force a sale of that house.
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