En esta noticia
The will allows the manner in which the deceased person’s assets are to be distributed after their death to be established. However, in certain cases, the law may limit the freedom with which this process is carried out if there is a surviving spouse.
This is the case in New York, where the Succession Law establishes a right of election for the surviving spouse, which allows them to claim a portion of the inheritance even when the will left them no assets or assigned them an amount lower than that established by law.
This rule seeks to prevent a surviving spouse from being completely excluded from the inheritance.
What inheritance can the widower or widow claim
New York law states that when a person dies leaving a spouse, that spouse may exercise a right of election over the inheritance.
The portion they are allowed to claim is the greater of 50,000 dollars or one-third of the net estate, always in accordance with the conditions established by law.
To calculate the net estate, debts, administration expenses, and funeral expenses must be deducted.
In practice, the right does not mean that the widow or widower will automatically receive one-third of all assets, but rather that the final amount will be determined by the value of the estate, the corresponding deductions, and other assets or benefits.
Important information for widowers and widows: there is a limited time to claim this inheritance
The law sets a specific period for the spouse to make the election. In general, this must be done within six months after the issuance of the letters testamentary or of administration, and in no case may it exceed two years from the date of death, except for exceptions provided for by the law itself.
Which widows and widowers will not be able to claim this right
The right provided for in section 5-1.1-A is not available to the spouse of a deceased person who was not domiciled in New York at the time of death, unless the legal election that the distribution of assets located in the state be governed by New York law has been made.
In turn, the law contemplates the possibility that a spouse waives this right if they so wish, provided they do so in writing and comply with all necessary formalities.