Full question:
My husband and I were living separately for the last few years. He passed away a few weeks back, and has left nothing for me in his will. We were living in New York for the last two or three decades. But, my husband spent the last two years of his life in another state. Can I inherit my husband’s estate?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: New York
Answer:
In New York, a surviving spouse has a personal right of election to inherit a portion of the deceased spouse's estate, even if they are not mentioned in the will. If the deceased spouse had no children, the elective share is one-half of the net estate. If there are children, the share is one-third of the net estate.
However, this right may not apply if the deceased was not domiciled in New York at the time of death. If your husband chose New York laws to govern his properties here, you might still be able to exercise your right to election.
To pursue this right, you would need to file a proceeding in the surrogate's court with jurisdiction over the estate. The relevant law regarding the right of election is found in the Estates, Powers and Trusts Law (EPTL § 5-1.1-A).
It's important to note that you must exercise your right of election within six months from the date of issuance of letters testamentary or administration. You would need to provide written notice of your election to the personal representative or executor of the estate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.