Does my husband get my share of moms estate?

I chose my sisters kids as beneficiaries in my moms trust. My mom has since passed. I am now married and have a will with my husband. We each get each others stuff or to our kids if we have any. So question is I chose my beneficiaries but my status has changed isnt it my choice? My mom cant change it because she has passed. So if something happened to me, would my share of my moms estate go to my sisters kids or my husband??

Asked on October 4, 2019 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you have a will when you pass you, your estate--including anything you have inherited from another who passed away before you--will go as directed by your will, with the following limitation: NY, like most states, prevents you from completely disinheriting your spouse (if you are married when you pass), regardless of what your will says. If you are married when you die with no children, your spouse gets half your estate, no matter what you will says; if you are married and have children, he gets 1/3 the estate or up to $50,000, whichever is more. So you can write your will (you are not legally required to have the same will as your husband) to leave your estate to whomever you want, bearing in mind that no matter what you do, if you are married when you pass, your spouse will get 1/3 or 1/2 (which amount is called the "elective share"), or more, if you leave your spouse more.


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