Does my husband get my share of moms estate?

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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