What happens if a husband never removed their first wife as beneficiary of their Will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What happens if a husband never removed their first wife as beneficiary of their Will?
My new husband had a Will giving his first (now deceased) wife everything and his son was named as administrator of the estate. Is the old Will still valid since my husband outlived her?
Asked on July 11, 2011 under Estate Planning, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Just as a point of reference, a fiduciary named in a Will is known as an Executor of an Estate. An Administrator is one who is appointed when there is no Will. So your step son is the Executor. The Last Will that is written bythe testator (your husband) is the Will that is considered to be valid and will be offered for probate to the Surrogate's Court in New York. You, as his Wife, even though not named, have what is known as a Right of Election under the law to his estate that did not automatically go to you through joint ownership when he passed (joint accounts, property with rights of survivorship, etc.). You are entitled to the greater of wither $50,000 or one-third of the net estate. You need to "elect" within 6 months from the date of issuance of Letters Testamentary to your step son as the Executor but no later than 2 years after the date of death of your husband. Good luck to you.
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.