Legal Question in Wills and Trusts in New York

i have been married 4 years. my husband has a will from years ago that does not include me. is it true that the wife gets everything despite the will? I live in NY.


Asked on 3/29/10, 1:39 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Not quite. You would have to file an election against the will and would receive $50,000 plus one-half of the estate. The estate includes assets solely in the Testator's name without beneficiaries or joint owners.

You and your husband should see an attorney on how to plan your estates.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 4/03/10, 4:11 pm


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