New York Wills and Estate Law Attorneys
In situations where one party attempts to disinherit a spouse in favor of the children, a boyfriend or a girlfriend, the spouse can execute his or her right of election. An attorney knowledgeable in the spousal right of election can explain your options.
At Krim & Krim, PC, we have guided countless clients through the difficulties that can follow the passing of a loved one. Situations such as probate, wills or trusts contests, and the spousal right of election can be both financially frustrating and emotionally challenging. As your attorney, it is our job to remove as much of the stress from your shoulders as possible while guiding you through the process.
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In New York, a spouse is protected against being written out of a will. In this situation, the husband or wife can challenge the will based on statutes such as the Estates, Powers and Trusts Law, which states that spouses have basic rights of inheritance that cannot be ignored. The will would be effectively rewritten to include the proper elective share.
In certain situations, one spouse might agree to be written out of the will in favor of children or other family members in need. When this happens, it is important to contact an experienced attorney to ensure that the proper paperwork is completed in the right form. The writing must be exact and in the proper form. Contact a lawyer at our office to schedule a free consultation regarding your rights.
Contact Our Firm
If you have questions regarding spousal right of election, for a free initial consultation, contact us or call our office at 212-827-0341. We maintain flexible office hours to accommodate the needs of our clients.