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Spousal Right of Election Attorney Serving New York City

Where one spouse attempts to disinherit a spouse or leave the spouse with less than the minimum required by law, the disadvantaged spouse can claim his or her right of election. An attorney knowledgeable in the spousal right of election can explain your options.

At The Law Office of Krim & Krim, P.C., we have guided clients through the difficulties that can follow the passing of a loved one. It is our job to remove as much of the stress from your shoulders as possible while guiding you through the process.

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In New York, a spouse is protected against being written out of a Will or given less than the prescribed minimum share of the estate. In this situation, the surviving spouse can elect to take the prescribed minimum share of the estate. The Will would be effectively rewritten to increase the surviving spouse's share with offsetting reductions in the other beneficiaries of the estate.

Renouncing Interest

One spouse might agree to receive less than the prescribed minimum share of the other spouse's estate. In such cases, it is important to contact an experienced attorney to ensure that the proper paperwork is drafted and executed to prevent that spouse from claiming the elective share, notwithstanding that the spouse agreed to accept less. The writing must be exact and in the proper form. Contact our office to schedule a free consultation regarding your rights.

Contact Our Firm

If you have questions regarding the spousal right of election, for a free initial consultation, contact us or call our office. We maintain flexible office hours to accommodate the needs of our clients.