Spousal Right of Election in New York
New York Estate Litigation Lawyer
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
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 New York
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, or to 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 his legal team at Novick & Associates, PC 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.
Contact a New York estate litigation lawyer
from our firm if you require assistance in filing a spousal right of e
lection or in any estate matter.