Disinheriting wife
Question Details:
My husband says he's going to write up a will leaving our home to his son what are my rights if any if this should happen?
In New York, you can't disinherit your spouse. Under New York Estates, Powers and Trusts Law (EPTL), a surviving spouse has the option of taking the the greater of $50,000 or 1/3 of the net estate. The net estate excludes some property, namely property that passes to the spouse automatically, anyway. The long and short of it is, under the NY EPTL, a spouse can still inherit despite the Will. Additionally, you may have a claim to take ownership of the house, if any, outright.
Note: The paperwork necessary for the elective share must be filed prior to when the 6 month statute of limitations runs.

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