What Does It Mean To File A Right Of Election Against An Estate?

When a spouse attempts to disinherit his or her spouse, leaving him or her less than a share less that the law allows, the surviving spouse may file a right of election against the estate. Under New York law, spouses are entitled to an "elective share" of their deceased spouse's estate, which amounts to $50,000 or one-third of the net value of the estate, whichever is greater.

If you are a surviving spouse pursuing your inheritance rights or you are a fiduciary seeking to defeat a claim from a spouse who may have abandoned the decedent that would disqualify him or her as a surviving spouse, the law office of Joseph A. Ledwidge, P.C., is here to protect your rights and interests. Probate law attorney Joseph Ledwidge has approximately 15 years of experience handling complex inheritance disputes, including those involving spousal rights of elections against estates.

Do you have questions about the spousal rights of elections against estate? Contact us today online or by telephone at 347-395-4799 to arrange a consultation with an experienced Queens probate litigation lawyer.

Disinheriting A Spouse In New York

Is it possible to disinherit a spouse in New York? Only in certain situations. For instance, if a husband abandoned his wife during the course of the marriage, he may not be entitled to an elective share of the estate. In such a case, the party seeking to defeat the claim against the estate must prove that the surviving spouse did indeed abandon the decedent.

Remember, the statute of limitations for filing a spousal right of election is six months after the estate executor has been named. Whichever side of this issue you are on, consult with a knowledgeable probate litigation attorney before making any important decisions.

Get Strong Guidance Through Complex Probate Issues

If you have questions about elections against estates in New York, we can provide you with the guidance you need. Email us now or call 347-395-4799 to arrange a consultation with a proficient New York probate litigation lawyer.

We represent individuals and families in Queens, Brooklyn and throughout New York City.