Legal Question in Wills and Trusts in New York

which state will get the elective share for spouse

When my boss died, he said in the will that New York was

where he wanted everything to be handled. His wife of 3

years wants the elective share in Florida where he and she

lived and voted. Who decides where she gets the elective

share, either in New York or Florida?


Asked on 3/13/03, 1:03 pm

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: which state will get the elective share for spouse

Since he died domiciled in Florida the will should be probated there. They will probably use NY law since that is what is specified in the Will. There is no guarantee.

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Answered on 3/13/03, 8:54 pm
Arnold Nager Arnold H. Nager, Esquire

Re: which state will get the elective share for spouse

Both answers are correct, but I also feel that the intent set forth in the will should be controlling, regardless of where it is probated.

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Answered on 3/14/03, 6:34 am
Norman Nadel Norman Nadel, Esq.

Re: which state will get the elective share for spouse

The decision will be made in the state in which he was domiciled at the time of death.

This is, generally, the state he considered home.

It is a highly technical issue that requires exhaustive research and the facts you presented were insufficient.

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Answered on 3/13/03, 4:34 pm


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