must i provide for my spouse and children in
my will?
Under the laws of New
York there is no requirement that you make provision for your children in your
Last Will and Testament.. You may eliminate all or
some of your children in your will and they have no legal rights to make a
claim because they were not provided for in your Will.
However a spouse
(Husband or Wife) does have a legal
right to share in your estate.
In New York a
surviving spouse is entitled to one third of your estate with a minimum of
$50,000.00. This applies to property passing under your will as well as certain
property which
Passes by operation of
law such as joint bank accounts, trust accounts, etc. which are referred
To as “Testamentary
Substitutes”
If you do not provide
for your spouse under your will, he or she may file a claim against the estate
for their “Right of Election” unless of course they have signed a waiver of
that right.