Is my husband entitled to a third of my estate?

Or can I change my Will to have my daughter as the beneficiary of my estate and he can “manage” the funds for her while she’s a minor?

Asked on October 15, 2013 under Estate Planning, New York


Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

In most states, a person is entitled to a portion of their spouse's estate. The amount of that portion varies from state to state. This portion is called a spousal share or spousal election. Allowing him to manage the funds would not satisfy the spousal share; he would have to be a beneficiary. You should talk to a local estate planning attorney, who can help you pass as much as you can on to your daughter.  

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