Legal Question in Wills and Trusts in New York

Can a surviving spouse change how remaining estate will be distributed among children and step children upon his death, from the original terms of deceased spouse's will by redoing his own will.


Asked on 6/30/10, 6:06 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

If the original will was not joint (which is rarely done), the answer is yes. This is because the estate of the decedent passes to the spouse. The spouse then has the right to distribute the money in any manner he or she deems proper under his or her will.

Mike.

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Answered on 7/01/10, 5:18 am


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