SPOUSAL CONTESTS AND RIGHT OF ELECTION

New York SPOUSAL CONTESTS AND RIGHT OF ELECTION Attorneys

If you're the spouse of a deceased person, New York laws protects the you from being disinherited. The law provides that a spouse is entitled to an "elective share" which represents the greater of $50,000 or one-third of the testator's estate.

Of course any death is a traumatic time, and funeral arrangements and other decisions must be made. Once these have been handled, it is important to initiate a spousal right of election proceeding if you have been left out of a Will. To receive estate assets through a spousal right of election, a claim must be filed. There is a specific time limit involved in filing this claim so time is of the essence to safeguard your rights.

At Cona Elder Law, our estate litigation attorneys on Long Island offer years of  experience helping clients with elder law, estate planning, estate administration and estate litigation matters. No matter your situation, we will get to know your needs and guide you to the best possible solution.

Do Spousal Election Rights Extend to Any Other Family Members?

While it is not allowable for a spouse to be disinherited, these rights do not extend to any other family members, including children. Of note, spousal election refers only to a current surviving spouse. Thus, former spouses, even if provisions have been made in a Will for them, do not have rights which supersede those of the current spouse.

How Can an Estate Litigation Attorney Assist with Protecting Your Spousal Election Rights?

The experienced attorneys at Cona Elder Law can assist with all issues involving claims of election rights, including:

-Filing of claims and petitions
-Fending off challenges of other beneficiaries

The issues surrounding spousal election rights are tricky even in the most ideal of circumstances, so it is important to make sure every step you take is overseen by an experienced probate attorney in New York.