Is my husband entitled to a third of my estate?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 10 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.  


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption