The New York Probate Lawyer Blog has provided a number of posts concerning the rights of a person’s next of kin to inherit or have an interest in an estate. New York Estate Attorneys are aware that local statutes provide protections and rights to a decedent’s surviving spouse. For example, pursuant to Estates, Powers and Trusts Law (“EPTL”) Section 4-1.1 a surviving spouse can claim the amount of $50,000 plus one-half of an estate if there are also surviving issue. Additionally, under EPTL 5-1.1-A a spouse who is disinherited under a Will can claim a spousal share of generally one-third of the estate.
While in most instances there is no dispute as to whether a certain individual is actually the spouse of a decedent, there are many cases where the legal status of a spouse is called into question. When spousal rights are disputed, there is typically estate litigation to determine what rights, if any, a person claiming to be a spouse may be entitled to. A couple of recent cases demonstrate issues that a Court may be called upon to resolve. Continue reading