WHAT IS THE STATUTORY RIGHT OF ELECTION?
In New York, a “disinherited” spouse may object to a decedent’s will and demand approximately 1/3 of his/her spouse’s estate. By making such a demand, the surviving spouse is said to exercise his/her right of election. Regardless of how the decedent’s will directed that the decedent’s estate be distributed, the surviving spouse who exercises his/her statutory right of election will be entitled to receive approximately 1/3 of the decedent’s assets that pass under the will, as well as approximately 1/3 of certain assets that pass outside the will.
