Estate Attorneys in New York are routinely consulted with regard to issues concerning the rights of a surviving spouse. These matters become more complex when one of the parties has had a former marriage. It is even more complicated where there are children from the prior marriage.
The estate laws in New York and the estate tax laws generally seek to provide protection and advantages for spouses. For example, Estates, Powers and Trusts Law Section 5-1.1-A entitled “Right of election by surviving spouse” provides that a surviving spouse has a right to inherit a share of a deceased spouse’s estate. Essentially, the law is intended to prevent a surviving spouse from being disinherited. Continue reading