Legal Question in Wills and Trusts in New York
Last will and testament
My dad recently married. Does his Will still stand as updated in 2007?
Asked on 2/06/09, 2:45 pm
2 Answers from Attorneys
Rudolf Karvay
Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.
Re: Last will and testament
Your dad's most recent Will stands as written. However, if the new spouse is left out, upon your father's death she may elect to take one-third of the estate.
Answered on 2/06/09, 3:07 pm
Michael Markowitz
Michael A. Markowitz, PC
Re: Last will and testament
If his will signed in 2007 is prior to the marriage, the will does not account for the wife's right of election.
A right of election is where the spouse may elect to receive $50,000 of an estate. In other words, you cannot cut a spouse out of a will.
Therefore, to answer your question, the will is valid except for the wife's right of election.
Mike.
Answered on 2/06/09, 3:09 pm
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