Legal Question in Wills and Trusts in New York

NYS estate law, does nys law require surviving spouse to receive a specific percentage of deceased spouse's estate?


Asked on 3/04/11, 5:31 am

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

In New York, a surviving spouse has the right to an elective share of an estate. The elective share is the amount equal to the greater of $50,000 or one-third of the net estate. Of course, computing the elective share accurately is a bit more complicated. I suggest that you speak with an attorney for a more detailed explanation.

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Answered on 3/04/11, 8:42 am


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