Defining the Rights of Spouses in Wills and Trusts
New York inheritance laws protect a husband or wife from being disinherited. Under the law, a surviving spouse is entitled to a specific percentage of the estate. This is called the spousal "elective share."
If a spouse believes he or she did not receive a full elective share, an estate litigation attorney can file a "spousal right of election" with the New York Surrogate's Court to sue for the amount he or she believes is due. A right of election must be filed within six months of the appointment of an executor or administrator of an estate.
The New York estate litigation attorneys at GREENFIELD STEIN & SENIOR, LLP, have represented spouses in spousal rights proceedings for a variety of claims. Contact our office to speak to one of our attorneys if you believe you have not received your rightful share of an inheritance under spousal rights laws.
Spousal Rights of Election
In order to bring a claim—or to defeat a claim—for additional payment to a spouse, an experienced estate litigation attorney will seek a proper valuation of the assets of the estate or the trust. He or she will also review the validity of any prenuptial or post-nuptial agreements that the couple may have signed.
The existence of a prenuptial agreement does not guarantee its validity or that it won't be overturned in Surrogate's Court. In a number of cases a prenuptial agreement has been invalidated as blatantly unfair because of the great increase in assets of one of the spouses.
The trust and estate litigation attorneys at GREENFIELD STEIN & SENIOR, LLP, have represented spouses and family members in a number of high profile spousal rights cases, including cases that received national attention. Your case will be handled professionally, by a lawyer with years of experience in this area. Contact our office to schedule an appointment.
