New York law affords surviving spouses important rights and benefits. In order to preserve all rights and benefits granted under the law, a surviving spouse must adhere to time-sensitive deadlines provided by statute. The failure to meet one of the probate deadlines can cause a surviving spouse to lose one or more spousal entitlements.
What if a Spouse Dies Without a Will?
What is a Pretermitted Spouse?
Elective Share or Election Against a Will
Pursuant to EPTL 5-3.1, families of the decedent are afforded important property rights under New York Law. Specifically, the law provides that certain property be considered exempt property, thereby passing automatically to a spouse regardless of intestate succession laws or the terms and provisions of a will. In fact, up to $92,500 worth of property may be exempt. The exempt property is enumerated by statute as follows:
Title to exempt property automatically vests in the surviving spouse. It is prudent to consult with an experienced probate attorney in order to facilitate petitioning the Surrogate’s Court to issue necessary documents to facilitate the transfer of property or funds to the surviving spouse.
Social Security Death Benefit
Requirement to File a Known Will
What If I Cannot Afford a Probate Lawyer to Represent Me In Procuring My Surviving Spouse Rights?
Contact the probate lawyers of Clark Skatoff for a no-obligation consultation toll-free at (888)752-8633.