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