Spouse Inheritance Rights Explained

Summary

In New York, a surviving spouse has the right of election, allowing them to claim one-third of the deceased spouses estate, even if excluded from the will. This applies to both probate and some non-probate assets. The spouse must file for this right within a specific time frame, typically 6 months from the appointment of the estate representative. Consult a local attorney for personalized advice.

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Is a spouse entitled to their spouse's assets after they die, if their spouse doesn't leave them anything?
In New York, a surviving spouse has a legal right to inherit, even if not mentioned in the deceased spouse's will. This is called the right of election, and it generally entitles them to claim one-third of the deceased spouse's estate.
Key points:
- This applies to both probate (in the will) and some non-probate assets.
- The spouse must formally file for this right within a specific time frame, usually 6 months from the appointment of the estate representative.
Would you like more details about how this process works?