New York  |  Wills and Trusts

Legal Question

Asked on: 7/09/13, 7:38 am

Am I correct in understanding that if a married person dies intestate their surviving spouse can choose between taking their intestate share OR an elective share? I understanding that an intestate share is $50,000 plus 1/2 of remainder, and an elective share is 1/3 of the whole, so is it more advantageous to take one over the other, or is it particular to the specific person's assets?

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