Q: Good afternoon,If a person dies, the person is married, had a will initially with the spouse in it.changes his will on
Death bed and took the wife off, He's passed away,so do the wife still have rights. They was still married.
A: This isn't really a family law question, although it's posted under the Family Law heading. You could try reposting under "Probate" and "Estate Planning" for better chances of a reply. Attorneys in those areas of practice are knowledgeable about wills. Good luck
Yes, in NY the spouse needs to file a claim aka a right of election within the statute of limitations period or be barred forever.
you cannot disinherit your spouse. In other words, under New York Probate law if you do not get along with your spouse, but choose to stay married, you cannot use estate planning as away to “get back” at your spouse by cutting him or her out of your will. Under Estates, Powers and Trust, section 5-1.1-A, a spouse is entitled to an "elective share" of the assets which is defined as the greater of $50,000.00 or one-third of the estate.
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