Does surviving spouse have right to deceased spouses inherited property under NY Estate law?
The inherited/separate property distinction is relevant in matrimonial actions, it is not relevant in Estate matters because all of the decedent’s property is included in his/her estate. The general rule in New York is that a surviving spouse has a right of election against the deceased spouse’s estate; the value of the election is $50,000 or one-third of the estate value, whichever is greater. Of course, there are several circumstances that can alter application of the general rule, so it is best to consult with a qualified estate planning attorney to determine how the spousal right of election will operate in your situation.
