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.





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