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?

Asked 10/7/2009 under Wills, Trusts, Probate | 232 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

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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