Legal Question in Wills and Trusts in New York

Re: will bylaws

Not without the surviving spouse's consent.

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Re: will bylaws

There are laws that protect you from being disinherited, such as the Spousal Election Law, which mandates you get a share of the estate, but does have exceptions. However, you have not given sufficient facts to determine if you are eligible for this law, or if there were other arrangements that might have provided for you, such as life insurance, retirement plans, joint assets, life estates, etc.

Re: will bylaws

No, it is not. The 'surviving spouse' by law has a right to 1/3 of the total estate.

1. Of course, the spouse can turn down this inheritance, even in advance.

2. There are ways to draft around this requirement. One is to have the matter controlled by the laws of another state.

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