Legal Question in Wills and Trusts in New York
will
I have owned my home for 25 years. I have met someone and plan on getting married in July but I want to leave my home to my kids. If I do a will and leave it to my kids and leave a monetary amount to my soon to be husband,will this protect my wishes or does he automaticly get half?
Asked on 1/27/09, 8:01 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: will
By statute a will cannot cut out your spouses right of an elective share - which is $50,000. However, you may eliminate an elective share through a premarital agreement. Therefore, it is my recommendation that you enter into a premarital agreement with your fiance. Feel free to contact the undersigned to discuss.
Mike.
Answered on 1/27/09, 8:12 am
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