Can you disinherit a spouse in New York?

Question

Accepted Answer

A will can say the spouse takes nothing. The spouse can elect against it. Under Estates, Powers and Trusts Law § 5-1.1-A, the elective share is the greater of fifty thousand dollars or one-third of the net estate, and it reaches assets that were moved outside the will. A valid prenuptial or postnuptial agreement can waive the election. A sentence in the will cannot. The notice of election is served within six months of the issuance of letters, and it is filed with the Surrogate’s Court.