Spousal Right of Election in New York

Understanding Right of Election by the Surviving Spouse

New York law is very specific in its protection of the inheritance rights of a spouse (husband or wife). Under the law, a spouse is entitled to an "elective share" of the assets which is defined as the greater of $50,000.00 or one-third of the estate which includes property such as joint bank accounts and certain assets which are known as "testamentary substitutes."

A spousal right of election can be filed by a surviving spouse who has not inherited assets that are at least equal to the elective share of the estate.

Statute of Limitation for Filing a Spousal Right of Election

The statute of limitations for filing a spousal right of election is six months after an executor or administrator of an estate has been appointed. Even cases that have a prenuptial agreement should be evaluated as early as possible, as the agreement could be overturned by the court if it is deemed to have been unfair.

Every case is as unique as the individuals and families involved, and ensuring that you have the highest quality estate litigation attorney zealously fighting for your interests could significantly affect the final outcome of a legal matter involving the spousal right of election.

Spousal Right of Election: Protect Your Rights

If it becomes necessary to take legal action to protect your right to an inheritance, contest a will, or defeat a claim against an estate, the legal team at the firm has the extensive experience and court record you need in your legal counsel.

With 30 years of experience, Donald Novick and our legal team at Novick & Associates, P.C. have often been retained to obtain the spousal right of election. We are committed to taking legal action to protect the rights of beneficiaries, including cases in which spousal inheritance rights have been violated. We have an extensive history of successfully recovering inheritances owed to the surviving spouse.

Do you know your spousal rights?

Contact a New York estate litigation attorney from our firm if you require assistance.