Hi, I have a probate question. My wife is the sole owner of the home we currently live in. Her two children are the beneficiaries upon her death. I am not a beneficiary. Since I've been married to my wife for almost twenty years, and have poured money, sweat and tears into the home, do I have any rights to the proceeds upon her death through litigation. Please tell me what my rights are.
1 Answer from Attorneys
Unless your wife's two children are on the deed, the house becomes part of her estate.
Under NY law, a surviving spouse is entitled to inherit a portion of the estate, together with any children.
If she has a Will leaving nothing to the surviving spouse s/he may file an election to receive property in accordance with the statute.
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