Spousal relationships can turn sour for many reasons, and in such situations, individuals may take actions that violate state law. Some spouses, for instance, attempt to disinherit their partners so that they don’t receive their legally entitled portion of an estate following a death. Joseph A. Ledwidge, P.C., strives to empower people so they can take advantage of laws designed to protect their best interests and their futures.
While there are numerous circumstances in which disinheriting a spouse is a completely legal action, spouses usually retain the right to file for the right of election after they’ve been disinherited. Such filings call on the courts to determine who is in the wrong and how probate law ought to be applied to resolve the situation. It’s important to note, however, that the statute of limitations for such filings is six months after the naming of an estate executor. We work hard to help our clients stay on top of their filing requirements and gather the evidence they need to prove their case.
New York law entitles you to a share of your deceased spouse’s estate, and this is generally equal to the greater of $50,000 or a third of an estate’s value. These sums aren’t guaranteed; for instance, abandoning a spouse who later died may render someone ineligible for a share. It’s critical to study your case in detail before filing, and our lawyers are always willing to perform intensive research.
Our work with spouses on both sides of disinheritance cases and other probate issues has given us the knowledge we need to resolve ongoing disputes and elucidate spouses’ legal options. Discover more by visiting our page on probate litigation .
Source: Ledwidge & Associates, P.C., ” Queens Lawyer For Spousal Rights Of Elections Against Estate “, October 30, 2014