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Can I claim a share of my deceased husband's property?

Can I claim a share of my deceased husband's property?

Full question:

I’m from New York. My husband passed away recently. Before his death, he executed a will in his nephew’s favor. He left me nothing in the will. What can I legally do get some of it? Can I claim any share in my husband’s property?

Category: Wills and Estates
Subcategory: Elective Share of Estate
Date: 04/07/2025
State: New York

Answer:

Yes, as a surviving spouse in New York, you can claim a share of your deceased husband's estate. You are entitled to the greater of one-third of the net estate or fifty thousand dollars. If the total value of his estate is less than fifty thousand dollars, you can claim the entire estate. This right is outlined in NY CLS SCPA § 5-1.1-A. To exercise this right, you must make an election within six months of the issuance of letters testamentary or administration, but no later than two years after your husband's death. It's advisable to consult with a legal professional to navigate this process.

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.

FAQs

What are the rights of a wife when the husband dies?

In New York, a wife has specific rights when her husband dies, including the right to claim a share of his estate, even if he left her out of his will. She is entitled to the greater of one-third of the net estate or fifty thousand dollars. If the estate is valued under fifty thousand dollars, she can claim the entire estate. Additionally, she may have rights to certain jointly owned property and benefits from life insurance policies. It’s advisable to consult a legal professional for guidance.

What does a wife have to do when her husband dies?

When her husband dies, a wife should first ensure that she has access to important documents, such as the will and any financial records. She may need to file a claim for her elective share of the estate if she is not adequately provided for in the will. Additionally, she should contact a probate attorney to understand her rights and responsibilities regarding the estate and any necessary legal proceedings.

Does a wife get the husband's money when he dies?

In New York, a wife is entitled to a share of her deceased husband's estate, even if he did not leave her anything in his will. She can claim either one-third of the net estate or fifty thousand dollars, whichever is greater. If the estate's total value is less than fifty thousand dollars, she can claim the entire estate. This right is protected by law to ensure that surviving spouses are provided for.

What happens if a beneficiary dies before they receive their inheritance?

If a beneficiary dies before receiving their inheritance, the distribution of their share typically depends on the terms of the will or state law. In New York, if the will does not specify an alternate beneficiary, the deceased beneficiary's share may pass to their heirs or be redistributed among the remaining beneficiaries. It is important to review the will and consult with an attorney to understand the implications.

Who is first in line for inheritance?

In New York, the first in line for inheritance typically includes the deceased's spouse and children. If there is no spouse or children, parents and siblings may inherit next. The specific order can vary based on the presence of a will or the laws of intestacy, which govern how assets are distributed when someone dies without a will.

What is a surviving spouse entitled to in New York state?

A surviving spouse in New York is entitled to a share of the deceased spouse's estate, regardless of the will's provisions. This includes the right to claim the greater of one-third of the net estate or fifty thousand dollars. Additionally, they may have rights to jointly owned property and certain benefits, such as life insurance proceeds. Consulting with an attorney can help clarify these rights.