Marital Status and Your Inheritance—A complete Guide

Do you know that your marital status impacts your right to inherit from your partner? Yes, that’s right! A probate law court determines how much you’ll inherit from your partner’s assets based on your marital status in the absence of a will. In addition, spouses and married partners have the same legal rights to inherit—and did we mention that your old will will automatically get canceled once you get married?

Here’s the link between your inheritance rights and your marital status and relationship with your partner.

When You Aren’t Married to Your Partner

If you’re in a long-term relationship with your partner but haven’t gotten married before your partner passes away, the state won’t automatically consider you a beneficiary. However, you can get a part of the inheritance if your partner specifies that in their will. Without a will, you can’t inherit anything from your partner.

When You’re Married to Your Partner

On the other hand, if you were married to your deceased partner, you’ll get a legal right share even if there is no will. In addition, if the will is invalid or leaves nothing or a little share to you, you can still get your legal right share.

When Can You Get the Complete Estate?

Do you know that you can also get the complete estate of your spouse in certain conditions? You could get the entire inheritance if the deceased left behind no will. In addition, if the will was proved invalid, you would inherit the complete estate. However, it’s important to note that you can ONLY inherit the full estate if the deceased person didn’t have any children or grandchildren, or other beneficiaries.

What Happens If the Deceased Partner Has Children?

If the deceased partner had children or grandchildren, and the will is absent or invalid, you’ll still receive two-thirds of the complete estate plan. The state will divide the rest among the children and grandchildren.

What Happens If There is a Valid Will?

Even if your partner leaves behind a valid will, you can still receive one-half of the estate if your partner doesn’t have children or grandchildren. However, if they have children or grandchildren, you’ll be entitled to one-third of the inheritance with a valid will.

Couple discussing their estate plan in front of an estate law attorney

To get your right in your deceased partner’s estate, you should hire a probate attorney in Queens. At Ledwidge and Associates, our Probate lawyer Queens has 15+ years of experience dealing with probate cases. Through their guidance, you can understand the link between your marital status and your right to the estate.

Reach out to our Brooklyn probate lawyer for further discussion.








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Marital Status and Your Inheritance—A complete Guide

Ledwidge & Associates

Ledwidge & Associates, P.C. in New York City has years of experience helping clients create estate plans that fit their needs. We have the experience and resources to handle your critical legal matters with the utmost care and attention to detail.
Marital Status and Your Inheritance—A complete Guide

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