Estate Litigation: Spousal Rights in NY
New York Law (EPTL Section 5-1.1A) provides protection for the spouses (husband or wife) of a testator to prevent him/her from being disinherited. Under the law, a spouse is entitled to an “elective share” of the assets to be distributed by the will. The elective share is the greater of $50,000.00 or one-third of the testator’s estate (if it includes property defined as “testamentary substitutes” i.e., joint bank accounts, trust assets, etc.)
A right of election can be filed by a surviving spouse who has not inherited assets that are at least equal to the elective share. The law requires spouses to file a right of election six (6) months after an executor or administrator of an estate is appointed.
If you suspect that your have been denied your rightful inheritance, please call us at (800) 411-0520 or fill out our online contact form for a free case evaluation.
