New York Probate Lawyer Blog
Why Domicile Can Determine Whether a Surviving Spouse Inherits
After the death of a spouse, many people assume that a surviving husband or wife automatically inherits a portion of the estate. However, under New York law, a surviving spouse’s inheritance rights can depend on several factors, including where the decedent was legally domiciled at the time of death.
Inheriting an estate in New York can be very confusing. The rights of beneficiaries depend upon many different factors. For example, if a decedent dies and leaves a Last Will and Testament, the initial beneficiaries may appear to be the persons who are designated in the Will. However, there may be complicating factors. A Will may name as a beneficiary the Trustee of a revocable or irrevocable inter–vivos trust which was created outside of the Will. Thus, the ultimate beneficiaries would be the persons named as beneficiaries in the Trust document.