It is Extremely Difficult to Disinherit a Spouse...

Spouses of the deceased have strong inheritance rights under New York law. If the decedent died without a will (intestate), a spouse has the right to fifty thousand dollars and one-half of the residue of the estate. Even if there is a will disinheriting the spouse, a spouse still has a limited time to claim the "elective share" of the greater of fifty thousand dollars or one-third of the estate (up to one-half of the estate if the couple has no children).

New York’s Right of Election Law is what protects spouses from being disinherited. An “elective share” claim, in the amount of either $50,000 or one-third of the estate, is almost always successful. A spouse has six months from the appointment of an executor or an administrator of an estate to file a right of election.

A prenuptial agreement may restrict a spouse’s ability to claim a right of election. On the flip side, there are many ways to declare a prenuptial agreement to be invalid.

Call the Law Offices of Albert Gurevich at (212) 233-1233 and make an appointment to discuss spousal claims and rights to the estate.